THE Pasay City Regional Trial Court Branch 297 has dismissed the petition filed by contractor Pacifico “Curlee” Discaya, affirming the Senate’s authority to cite him in contempt.
The court’s decision, promulgated on February 23, stated that Discaya failed to demonstrate any grave abuse of discretion on the part of the Senate in issuing the contempt citation. This ruling underscores the judiciary’s recognition of the Senate’s powers to enforce its investigatory proceedings.
The court emphasized that the Senate Blue Ribbon Committee, which is investigating anomalous flood control projects, adhered to all constitutional safeguards.
These safeguards include ensuring that the investigation is in aid of legislation, that there are duly published rules of procedure, and that the rights of individuals appearing in or affected by the investigation are respected. The court found that all three conditions were met in Discaya’s case, thereby validating the Senate’s actions.
According to the decision, Senator Panfilo Lacson, the Blue Ribbon Committee Chairperson, was “explicitly mindful of due process.” The court noted that Lacson had even given Discaya an opportunity to explain why he should not be held in contempt. This consideration for due process further solidified the court’s view that the Senate acted within its rights and with appropriate regard for Discaya’s rights as a witness.
Discaya was initially cited for contempt after being questioned about the absence of his wife during the Senate inquiry. He attributed her absence to health issues.
However, the Senate found his explanation insufficient, leading to the contempt citation that has now been upheld by the Pasay City Regional Trial Court. This ruling reinforces the Senate’s ability to compel cooperation and ensure transparency in its investigations.
