Press Release
October 29, 2008

MIRIAM PURSUES ARREST, CONTEMPT ORDERS VS DE LA PAZ

Senator Miriam Defensor Santiago, chair of the Senate Foreign Relations Committee, finds no legal impediment in issuing the arrest warrant for retired Philippine National Police (PNP) Director Eliseo De la Paz.

De la Paz was cited for contempt of the Senate Committee on Foreign Relations after the former PNP comptroller failed to appear before the committee's public hearing last October 23 on the Moscow incident.

In a memo addressed to Senate President Manny Villar on 27 October 2008, Santiago said De la Paz cannot seek refuge under the Supreme Court ruling on the case of Neri v. Senate that a contempt or arrest order issued by any Senate committee, pursuant to Section 18 of its Rules, should be 1) by a majority vote of the members and 2) such a majority were actually present and participated in the deliberations in the hearing.

"Mr. De la Paz's case strikes a difference from Neri's. He does not make any pretense that he is under the protection of executive privilege. Objectively, there is no semblance of executive privilege to invoke," Santiago said.

Then National Economic Development Authority Chair Romulo Neri appeared as a witness in the Senate probe on the ZTE-NBN broadband deal on September 26 last year, but was absent on the following November 20 hearing after invoking executive privilege.

Santiago said De la Paz's case was different since the former PNP comptroller never appeared on last week's Senate hearing despite the subpoena duces tecum which he received from the committee commanding him to appear in the hearing and bring documents concerning his Moscow trip.

"His contumacious conduct is in open defiance of the authority not only of the committee on foreign relations but of the entire Senate. It is in defiance too of the constitutional mandate of the Senate to conduct inquiries in aid of legislation, on a matter of national interest in which Mr. Dela Paz's testimony is of decisive importance," Santiago said.

In an earlier memo to Villar last October 25, Santiago said that the validity of the orders of contempt and arrest against De la Paz lies on the interpretation of the Senate Rules.

Senate committees have the power under Section 17 of the Senate Rules, "to issue subpoena duces tecum, signed by its Chairman, or in his absence by the Acting Chairman, and approved by the President."

Santiago said that a serious problem arises where the majority of the Committee members, for one reason or another, fail to vote on a contempt charge.

"In which case, a Committee of the Senate - or worse, a few of its members whose act has prevented a majority vote - may defeat the exercise of authority of the entire Senate in dealing with contempt, resulting in the paralysis of the whole by a sin of omission of a few," Santiago said.

Santiago said that the 'absurdity' precludes no less than the Senate President to effectuate his approval of the issuance of subpoena and subpoena duces tecum without that majority vote of the Committee members.

To avoid this 'absurdity', Santiago said that the duty of the Senate President stands independently and in precedence of Sections 17 and 18 governing procedure on inquiries in aid of legislation.

Santiago cited Section 3 of the main Senate Rules that provides that the Senate President has not only the power but the duty to "issue warrants, orders of arrest, subpoena and subpoena duces tecum."

"It is a duty incumbent on him as Senate President, and his responsibility created by this duty pertains to each member of the Senate and the Senate in its entirety. It is not therefore dependent on the contingency of a Committee's vote; he may become blameworthy on account of his own official act," Santiago said.

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