All members of the Senate are fully aware that under the Rules of the Senate, the power of a committee chairperson to order the arrest or detention of any resource person cited in contempt is subject to the approval of the Senate President. This safeguard exists to ensure that the powers of the Senate are exercised prudently with due regard for the rights of all and not wielded for personal or political ends.
For reasons unknown, Senator Imee Marcos appears to have disregarded this longstanding rule or conveniently forgotten it that the approval of the Senate President is not automatic nor ministerial simply because she desires it.
For the record, I did not refuse to sign the contempt order of Ambassador Markus Lacanilao. Senator Marcos released her statement and flaunted to the media her signed arrest and detention order even before I could see, much less, receive a copy of it.
Ambassador Lacanilao was ordered detained without the requisite approval and due process. No less than Chief Justice Alexander G. Gesmundo has succinctly pointed out in his concurring opinion in the Ong case that witnesses accused by Congress of “giving false or evasive testimony” must be accorded stricter due process requirements, none of which was apparently accorded to Ambassador Lacanilao before he was ordered detained.
After several hours of Ambassador Lacanilao’s unauthorized detention, I directed his release, both as a matter of regularity and out of humanitarian consideration, as his grandfather is to be laid to rest today.
In order to comply with the requisites of due process, I am issuing a “show cause order” today for Ambassador Lacanilao to explain within 5 days why he should not be cited in contempt as requested by Sen. Imee Marcos. I shall decide on whether or not to sign his arrest/detention only thereafter.
The public we serve can rest assured that I will review the committee proceedings and that I will exercise my duty and discretion in accordance with the law to determine their propriety, devoid of political agenda or motivation, and with the best interest of our people, country, and the Senate as an institution in mind.
I will not allow the Senate nor the Office of the Senate President to be used to further petty partisan interests, especially by those actively seeking reelection in the coming May midterm polls. The Senate is an institution of reason and rule; it is not a tool to be leveraged for propaganda or self-promotion.
Senator Marcos says that this episode sets a terrible precedent, and I concur, but for different reasons. I believe it is a dangerous precedent to allow senators to flout the Senate’s own rules for personal gain. For when procedures meant to safeguard due process and institutional integrity are ignored for media mileage or political ambition, that is when the credibility of the Senate is threatened.
I urge Senator Marcos to refrain from using the Senate as a platform for her own personal political objectives and instead use her name, title, and influence as a bridge toward unity, not a wedge for division. Our people and our country expect and deserve no less.