SC limits Senate detention period for persons cited in contempt | Tin Tức Ngôi Sao
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SC limits Senate detention period for persons cited in contempt | Tin Tức Ngôi Sao
CITED IN CONTEMPT. A Senate panel cited Aegis Juris fraternity Arvin Balag (R), in contempt and ordered his detention on October 18, 2017. File photo by Angie de Silva/Rappler MANILA, Philippines – The Supreme Court has ruled that the Senate has no power to impose the indefinite detention of a person cited in contempt during its inquiries. In a 21-page en banc decision penned by Associate Justice Alexander Gesmundo, the SC said that the detention period should end upon the termination of the legislative inquiry. In issuing the decision, the High Court said it has to “strike a balance” between the interest of the Senate and the rights of persons cited in contempt. “Accordingly, as long as there is a legitimate legislative inquiry, then the inherent power of contempt by the Senate may be properly exercised. Conversely, once the said legislative inquiry concludes, the exercise of the inherent power of contempt ceases and there is no more genuine necessity to penalize the detained witness,” the SC said. The Court said that a legislative inquiry ends upon the approval or rejection of the committee report and/or upon the expiration of one Congress. Constitutional right to liberty The SC set the precedent in its July 3 decision on the case of Aegis Juris fraternity leader Arvin Balag, one of the 11 fraternity members indicted for violation of Republic Act 8049 or the Anti-Hazing Law in connection with the fatal hazing of University of Santo Tomas law student Horacio “Atio” del Casti...
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