Congressional contempt powers: Scope and limits

There were some resource persons and witnesses invited to Senate and House committee hearings and then not allowed to go home, having been declared in contempt. Which brings to focus the crucial issue of whether or not the powers of senators and congressmen to deprive people of their liberty is absolute. What then is the protection for the individual before all-powerful solons?

We are being enlightened by the Supreme Court in the famous contempt cases of Pharmally businessmen Michael Yang and Linconn Uy Yong (GR Nos. 257401 and 257916) promulgated on March 28, 2023. The ponente, Justice Henri Paul Inting, explained: "Concomitant to the power of the Legislature to conduct inquiries in aid of legislation is its power of contempt impliedly provided under the 1987 Constitution. Unlike the Legislature's power to make investigations in aid of legislation, there is no provision in the 1987 Constitution expressly granting either the Senate or the House of Representatives with the authority or process to enforce this power of inquiry. Nevertheless, it must be emphasized that the Legislature's power of contempt is inherent and arises by implication." We hasten to add a caveat: Like any power, it carries corresponding responsibility not to abuse it.

He goes on: "This coercive process is essential to the Legislature's discharge of its functions. This power permits either House of the Legislature to perform its duties without impediment as it enables the Senate or the House of Representatives to legislate wisely or effectively because they have the power to compel the availability of information necessary in shaping legislation."

The Supreme Court stresses that such power of the Legislature is sui generis as it "attaches not to the discharge of legislative functions per se but to the character of the Legislature as one of the three independent and coordinate branches of government." But then again, we interject that this power cannot run roughshod so as to deprive people of their liberty without due process of law. The Bill of Rights enshrined in the Constitution is the citizens' armor and arm against the tremendous powers of legislators. The human rights of an individual should never be sacrificed in the name of police power, contempt, and other inherent and implied powers vested on the members of both Houses of Congress.

I have seen with my own eyes via national television how ordinary citizens and even high government officials are scolded publicly by some senators and congressmen who seem to know all the answers. They ask a barrage of questions and wouldn’t allow witnesses to finish answering, much less to explain their answers. They are berated and insulted in public even if they continue to call the legislators "your honor" or honorable senators or congressmen. Many witnesses and resource persons are being judged right then and there and their embarrassment is displayed via national TV, seen most probably by their families, friends, colleagues, and neighbors.

Here, in this case of Pharmally, the Supreme Court called out the Senate for violating the rights of two foreigners to due process. The Supreme Court, in effect, said that the powers of contempt vested by law on legislators in the conduct of investigations, like any other powers and prerogatives, aren’t limitless. One of the most important limitations is that legislators should respect the rights of persons appearing before them.

We respectfully add that being a senator or a congressman isn’t a license to trample on the dignity and decency of a human being, no matter how poor and how powerless. We don’t need another reminder from Spider-Man that Great Power has a twin called Great Responsibility. All men in power should remember that sovereignty resides not in them but in the people. And they are just the peoples' servants.