SENATOR Robinhood “Robin” C. Padilla on Tuesday night thanked Sen. Risa Hontiveros for allowing due process by issuing a Show-Cause Order on Kingdom of Jesus Christ (KOJC) founder Apollo C. Quiboloy.
This was after Hontiveros issued the Show-Cause Order as chairperson of the Senate Committee on Women, Children, Family Relations and Gender Equality.
“Maraming salamat po sa inyo, Senadora Risa Hontiveros (Thank you very much, Senator Risa Hontiveros),” Padilla said on his Facebook account.
Earlier, Padilla wrote Hontiveros asking for consideration for Quiboloy, saying a witness or resource person who fails or refuses to appear before the Senate may be cited for contempt only after it has been determined that such failure or refusal is unreasonable or unwarranted – and this aligns with no less than the 1987 Constitution.
Under Sec. 21, Art. VI of the 1987 Constitution, while the Senate and House of Representatives may conduct inquiries in aid of legislation, “the rights of persons appearing in or affected by such inquiries shall be respected.”
“Indeed, while acknowledging the Committee’s authority to cite Pastor Quiboloy, or any witness for that matter, in contempt for refusing to appear despite receipt of a subpoena, it is imperative to underscore that such citation is contingent upon the determination of an undue refusal to comply thereto,” Padilla said in his letter.
“Readily declaring a prospective witness in contempt without providing an opportunity to explain noncompliance with an issued subpoena risks establishing a dangerous precedent, amounting to a potential violation of the witness’ right to due process,” he added.
Because of this, he requested Hontiveros’ reconsideration on the matter and to “hold in abeyance the order of contempt and give way to the issuance of a Show Cause Order against Pastor Quiboloy during the next committee hearing.”
Also, Padilla cited a 1991 precedent in seeking consideration for Quiboloy. In a separate letter to Hontiveros, Padilla asked that the committee refrain from compelling any testimony from Quiboloy once the Department of Justice initiates legal proceedings against Quiboloy.
He noted the case of Bengzon vs Senate Blue Ribbon Committee (1991), where Congress may only investigate into those areas in which it may potentially legislate or appropriate, but “cannot inquire into matters which are within the exclusive province of one of the other branches of the government.”
Padilla pointed out that on March 4, the Department of Justice announced its order directing the filing of criminal cases against Quiboloy.
“In the event that legal proceedings are initiated, this representation trusts that the Committee will take into consideration the principles outlined in the Bengzon ruling and refrain from compelling any testimony from Pastor Quiboloy, as such action may inadvertently influence the judicial process,” he said.
