MICHAEL Yang, the former economic adviser of President Duterte, has sought refuge at the Supreme Court to escape the arrest order issued by the Senate against him in relation to the ongoing investigation into the P42 billion pandemic supply contracts between the Pharmally Pharmaceuticals Corp. and the government.
In his 46-page petition, Yang likewise asked the high court to nullify and void the immigration lookout bulletin order (ILBO) issued by the Department of Justice, through the Bureau of Immigration, against him.
In his petition for a writ of certiorari, Yang said the Senate Blue Ribbon Committee acted with grave abuse of discretion when it ordered his arrest on September 7 and 10 despite the lack of criminal charges.
“Acting with grave abuse of discretion amounting to a lack or excess of jurisdiction, the respondent Senate Committee had violated the petitioner’s rights to privacy by compelling him to reveal his properties, corporate papers and business transactions despite the same not having any connection to the matter in inquiry, including asking about his supposed links to illegal drugs despite the sheer absence of evidence of his engagement therein,” Yang said.
The Senate Blue Ribbon Committee first ordered the arrest of Yang and Pharmally officials Mohit Dargani, Twinkle Dargani, Krizle Grace Mago, Justine Garado, and Linconn Ong on September 7 for their failure to attend the Senate investigation on the Pharmally mess.
The second arrest order was issued three days later against Yang and Pharmally executive director Linconn Ong for their evasive response to questions posed during the committee’s hearing into the government’s purchase of allegedly overpriced personal protective equipment from the company at the height of the COVID-19 pandemic.
Yang said the Senate treated resource persons like him more as an accused in regular court proceedings by “unrightfully judging” their guests as “lying” at the slightest hint of inconsistency while completely ignoring any explanations made.
He likewise said the committee refused to recognize his counsel, thus exposing resource persons like him to bullying and badgering.
Yang said such abuse of discretion left with him no other recourse but to ask the SC to intervene on the matter.
“Petitioner concedes the power of the respondent Senate Committee to hold a witness in contempt for testifying falsely or evasively. However, when such power is exercised with such grave abuse and, despite being confronted with the truth, refuses to believe the same, certiorari lies to reverse the effects of such abusive exercise,” Yang said.
The former presidential adviser characterized the Senate inquiry as a form of “McCarthyism,” in apparent reference to the controversial practices of former US senator Joseph Mccarthy in ferreting out supposed communist sympathizers from the late 1940’s through the 1950s.
“It is respectfully submitted that the respondent Senate Committee, in its COVID-19 Senate investigation, is engaged in a deplorable and reprehensible conduct that is loosely known as McCarthyism, a term that has become a byname for defamation of character or reputation by means of widely publicized indiscriminate allegations, especially on the basis of unsubstantiated charges. Certiorari lies to curtail this heretofore unhampered and unchallenged abuse of legislative power,” Yang said.
As to the ILBO, Yang said it violated his constitutional right to travel since there is no criminal complaint filed against him before the DOJ or the Office of the Ombudsman.
“Nowhere in the Senate Rules of Procedure Governing Inquiries in Aid of Legislation grants unto the Senate or any of its committees the power to request for a hold departure order, watch list, or lookout bulletin. As it had no legal basis nor even authority to cause the issuance of the letter-request to Commissioner Jaime Morente, the same may be declared as null and void for being issued with grave abuse of discretion, amounting to a lack or excess of jurisdiction,” he argued.
Sen. Panfilo Lacson shrugged off Yang’s legal move and said the petition will likely not prosper since the SC has previously ruled on issues which assert the power of Congress to cite anyone in contempt for being non-cooperative during inquiries.
“May jurisprudence na actually diyan, marami na. Sinabi ng Supreme Court na may power ang Senado na mag-cite ng contempt sa mga resource persons sa pagiging evasive. So, ‘yun tinatawanan na lang namin, without preempting the future action of the Supreme Court, ‘yun ang pananaw naming dito kasi nasa Constitution eh (Actually, there is already a jurisprudence, lots of it. The Supreme Court has said that the Senate has the power to cite in contempt resource persons for being evasive. So, we are just laughing it off. Without preempting the future action of the Supreme Court, that’s our opinion because it is written in the Constitution),” Lacson said.
Se. Risa Hontiveros said the Senate stands by its decision to order the arrest of Yang. “The oversight powers of the Senate are well-settled in law and jurisprudence. The resource persons’ evasiveness to cooperate with our investigation come at actual great cost to the government,” Hontiveros said. — With Raymond Africa
