SEASONED lawyer, Ferdinand Topacio, described members of Congress conducting hearings on the connection of offshore gaming (POGO), illegal drugs and extra-judicial killings (EJK) under the Duterte administration as “monsters” for sending his client to the Correctional Institute for Women for contempt but despite not being proven guilty in a court of law.
In a statement last September 26, Topacio bewailed the decision of the ‘Quadcomm’ chaired by Surigao del Norte second district representative, Robert Ace Barbers, to cite anew for contempt his client, Cassandra Li Ong.
Ong has been linked to the operation of the raided POGO facility in Bamban, Tarlac, headed by its ousted mayor, Alice Guo.
Topacio issued the statement the day Ong was transferred to the CIW in Mandaluyong City on the manifestation made by Antipolo City Rep. Reynaldo Acop during the Quadcomm hearing last September 19.
At the time, Ong failed to answer the question posed on her on where she finished her alternative learning system (ALS) schooling made by Abang-Lingkod partylist Rep. Joseph Paduano.
Topacio cited 3 grounds as basis for their concern regarding the “precipitate” transfer of Ong to the CIW, the country’s main facility for women convicted by the court.
“Firstly, the second contempt citation of Ms. Ong was made in disregard of the injunction of the Supreme Court in Ong v. Senate Blue Ribbon Committee regarding the observance of due process in contempt proceedings before the Legislature;
“Second, that there are serious legal questions as to whether or not the Legislature can order the commitment of Ms. Ong in a facility run by the Executive Branch for a particular purpose; and
“Third, we are alarmed by pressure being brought to bear by the QuadCom to have Ms. Ong mingled with convicted prisoners in the CIW.”
Topacio argued that the Quadcomm’s decision violates Ong’s constitutional presumption of innocence, the prohibition against cruel and unusual punishment, and the freedom from arbitrary imprisonment contained in the Universal Declaration of Human Rights.
He added there is also a proscription against the commingling of persons not yet found guilty with those already convicted, as found in Article 10 of the International Convention on Civil and Political Rights (ICCPR).
Topacio reminded that the Philippines is a signatory to both international treaties that have become part of the country’s body of laws.
“It is deplorable that some House members have degenerated into monsters in their conduct of legislative investigations to the extent of exerting extra efforts to make life miserable for persons who do not conform to their prefabricated narrative.
“They perhaps forget that karma is real, and in this digital age, as has been shown time and again, (karma) comes sooner than expected.”
Topacio also bewailed that unlike in the hearings in the Senate, congressmen are allegedly making it difficult for him to render legal advice to his client during each Quadcomm hearing.