THE Supreme Court (SC) yesterday denied the petition filed by the daughter of former presidential spokesman Harry Roque seeking to stop the implementation of the arrest order issued by the House of Representatives in relation to the investigation being conducted by the quad committee on the illegal operation of Philippine Offshore Gaming Operators (POGOs) in the country.
The decision was reached by the magistrates during their regular en banc session Tuesday.
A briefer issued by the High Court’s Public Information Office said the SC denied the plea for the issuance of a writ of amparo because “amparo is not the proper remedy against congressional contempt and detention orders.”
It said that “the scope of amparo is limited to extralegal killings and enforced disappearances, or threats thereof, which are not present in this case.”
A writ of amparo (a Spanish word that means protection) is a special writ to protect or enforce a constitutional right other than physical liberty.
The petition also asked the High Court to issue a writ of certiorari and a writ of prohibition to prevent the quad committee from requiring Roque to produce any additional document or to attend any future hearing.
“Atty. Roque has the right against self-incrimination and yet the respondent QuadComm is requiring him to submit certain documents and to answer a great number of questions, with the purpose of linking him with Internet Gaming Licenses or POGOs. In other words, the respondent QuadComm is requiring the aggrieved party to submit evidence of his alleged involvement with IGLs or POGOs, which can be used to incriminate him for illegal activities that those IGLs or POGOs are being accused of,” part of the 66-page petition said.
It also said that the House inquiry violated Roque’s constitutional right to due process, which requires the protection of the rights of persons appearing in, or affected by, such an inquiry or investigation.
“In violation of this right, the Respondent Quad-Committee is usurping the investigation powers of the Executive Branch and the judicial functions of the Judiciary by fishing for evidence that they could use to condemn him for his alleged involvement with IGL and POGOs which he has repeatedly disproved, or some other infraction that they hope to stumble upon during their fishing expedition,” the petition added.
The House quad committee cited Roque in contempt and ordered his arrest last September 12 for his failure to attend its hearing and produce documents, including his Statement of Assets, Liabilities and Net Worth and his wife’s income tax return, that he earlier promised to provide.
