GR 257401; (March, 2023) (Digest)
G.R. No. 257401 and G.R. No. 257916, March 28, 2023
LINCONN UY ONG, PETITIONER, VS. THE SENATE OF THE PHILIPPINES, THE SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS (BLUE RIBBON COMMITTEE); HON. SENATOR RICHARD J. GORDON, IN HIS CAPACITY AS THE CHAIRMAN OF THE BLUE RIBBON COMMITTEE; HON. SENATOR VICENTE C. SOTTO III, IN HIS CAPACITY AS SENATE PRESIDENT OF THE PHILIPPINES; MGEN RENE C. SAMONTE AFP (RET.), IN HIS CAPACITY AS SENATE SERGEANT-AT-ARMS, RESPONDENTS. AND MICHAEL YANG HONG MING, PETITIONER, VS. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, RESPONDENT.
FACTS
These are consolidated petitions for certiorari and prohibition filed by Linconn Uy Ong (Ong) and Michael Yang Hong Ming (Yang) assailing the contempt and arrest orders issued by the Senate Blue Ribbon Committee (Committee). The Committee conducted an investigation in aid of legislation following the Commission on Audit (COA) Consolidated Annual Audit Report for Fiscal Year 2020 on the Department of Health’s (DOH) COVID-19 expenditures. The inquiry revealed that Pharmally Pharmaceuticals Corporation (Pharmally), whose incorporators had personal links with Yang, secured P8.868 billion worth of contracts from the Procurement Service of the Department of Budget and Management (PS-DBM).
Ong, a Pharmally board member and Supply Chain Manager, was cited in contempt and ordered arrested on September 10, 2021, for allegedly testifying falsely and evasively during the hearing. He was subsequently detained. Yang, a former Presidential Economic Adviser, was similarly cited in contempt and ordered arrested on September 7 and 10, 2021, for failure to appear and for giving evasive answers. A Lookout Bulletin was also issued against him. Both petitioners challenge the constitutionality of the Senate rules on contempt and the Committee’s exercise of its contempt powers.
ISSUE
The primary issue is the validity of the Senate Blue Ribbon Committee’s exercise of its contempt power against the petitioners for allegedly testifying falsely or evasively during an inquiry in aid of legislation.
RULING
The Supreme Court GRANTED the petitions. The Court ruled that the Senate Blue Ribbon Committee committed grave abuse of discretion in citing the petitioners in contempt for testifying falsely or evasively.
1. The power to punish for contempt in legislative inquiries is limited. While the Senate has the inherent power to punish for contempt to preserve its integrity and ensure the fulfillment of its legislative functions, this power is not absolute. It must be exercised within the bounds of the Constitution and existing laws.
2. The Senate rules on contempt for “testifying falsely or evasively” are void for vagueness. Section 18 of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation and Section 6, Article 6 of the Rules of the Senate Blue Ribbon Committee, which penalize “testifying falsely or evasively,” are unconstitutional. These provisions lack precise standards and do not provide adequate guidelines to determine what constitutes “evasive” testimony, leaving too much discretion to the committee members and failing to give persons fair notice of what conduct is prohibited.
3. The determination of falsity in testimony is a judicial function. The Committee encroached upon the exclusive domain of the judiciary when it made a definitive finding that Ong’s testimony was false and punished him for it. The power to determine the falsity of testimony and to impose criminal liability for perjury or false testimony resides solely in the courts. The Committee’s role is limited to citing a witness for contempt for refusing to answer a relevant question, not for adjudicating the truth or falsity of the answer given.
4. The contempt and arrest orders against Ong and Yang for false or evasive testimony were issued with grave abuse of discretion. Consequently, the Orders dated September 7 and 10, 2021, citing the petitioners in contempt and ordering their arrest, are declared NULL and VOID. The Lookout Bulletin issued against Yang is also declared NULL and VOID. The Committee is ordered to cease from enforcing these orders and to desist from compelling Yang to disclose information regarding his properties and business interests based on its letter-request dated November 9, 2021.