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Friday, August 19, 2005
SC junks ex-solgen's motion to annul Senate contempt charge
* Tribunal tells Chavez to file appeal at Upper House
THE high court Thursday dismissed a petition of former solicitor general Francisco Chavez to nullify a Senate resolution citing him for contempt and barring him from appearing as counsel for any witness in any public hearings of four Senate committees.
In a one-page resolution, the Supreme Court (SC) en banc ruled that Chavez should have first filed an appeal of the Senate resolution before elevating the case to the court.
"The court resolved to dismiss the petition due to non-exhaustion of administrative remedies within the Senate," the SC said.
The Senate committees on constitutional amendments, revision of codes and laws; public order and illegal drugs; finance; and games, amusement and sports cited him for contempt after he and Senator Richard Gordon had a verbal tussle during a public hearing on jueteng last July 12.
Chavez was the lawyer of jueteng witness Sandra Cam who testified that the operation of illegal numbers game in various regions has the imprimatur of President Gloria Macapagal-Arroyo and that the Arroyo benefit from it.
Claiming that he was harassed by senators when he took the cudgels for Cam and other jueteng witnesses, Chavez asked the high court to void the Senate order and lift the corresponding penalty imposed by legislators.
He claimed that the Senate punished him without benefit of notice and hearing, adding that pending the resolution of the issue, the SC should issue a temporary restraining order (TRO) to prevent the assailed resolution of the four Senate committees and its accompanying penalty from being implemented.
The four Senate panels have no authority by themselves to cite him for contempt because such power belongs to the Senate as a whole, he said.
Chavez also said the Senate has no power to bar him from appearing as counsel for a witness before the four Senate committees.
"Such penalty imposed is a clear usurpation of the exclusive power and authority of the Supreme Court, which alone can regulate, define and limit the practice of law," Chavez said.
Moreover, Chavez said the penalty imposed on him violates a witness's Constitutional right to be represented by counsel of his choice.
Besides, Chavez added, when the incident between him and Senator Gordon happened, the committees had no quorum after the session has been suspended.
In justifying his use of "vigorous" language against Gordon, he said it was just a "characteristic of the noble passions that naturally flow from a zealous regard for justice and fairness" and should not be taken by senators to mean as disrespect for the Senate.
He said the power to punish for contempt should be exercised with scrupulous care and should not be unleashed for a "flimsy reason as to vindicate the wronged feelings of an individual senator." (ECV/Sunnex)
(August 19, 2005 issue)
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