G.R. No. 257916MICHAEL YANG HONG MING, VS. SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS. - Supreme Court E-Library

Ruling

Accordingly, the Committee issued Orders [24] citing Ong, Mago, Mohit, Twinkle, and Yang in contempt for failure to appear in the scheduled hearings. It ordered their arrest and detention at the Office of the Senate Sergeant-at-Arms (OSAA) until such time that they appear and give their testimony, or otherwise purge themselves of the contempt. [25] Incidents involving Ong According to Ong, he learned from the media reports on September 7, 2021 that he was among those cited in contempt and ordered arrested and detained for "refusing to appear, despite notice" at the Committee hearings of August 27, 2021 and September 7, 2021. He alleged that he did not receive any subpoena or invitation from the Committee. Still, he voluntarily attended the online videoconferencing hearing on September 10, 2021. [26] In the course of his examination during the hearing, the Committee again cited Ong in contempt and ordered his arrest and detention for "testifying falsely and evasively." The assailed Contempt Order [27] dated September 10, 2021 was issued by the Committee, [28] signed by Sen. Richard J. Gordon (Sen. Gordon) as Chairperson and approved by Senate President Vicente C. Sotto III (Sen. Pres. Sotto III). However, Ong was not immediately taken to the Senate premises because he was then suffering from COVID-19. The Senators allowed him to stay at his residence but ordered the Sergeant-at-Arms to post a guard outside his abode. [29] Several hearings of the Committee were further conducted on September 13, 17, and 21, 2021, with the attendance and participation of Ong. [30] On September 21, 2021, the OSAA arrested Ong, who was attending the online Committee hearings remotely at his residence, and detained him under its custody at the Senate Complex, Pasay City on authority of the assailed Contempt Order. [31] On September 22, 2021, Ong filed a Respectful Manifestation and Motion for House Arrest. However, the Committee did not act on the manifestation and motion. [32] On September 24, 2021, the Committee continued with its hearings with Ong in attendance through videoconference. In the course of Ong's examination, Sen. Franklin M. Drilon (Sen. Drilon) moved, seconded by Sen. Francis Pangilinan (Sen. Pangilinan), to transfer Ong to the Pasay City Jail. [33] On October 5, 2021, Ong, through counsel, filed the present petition. Thereafter, respondents filed their comment. [34] On November 12, 2021, Ong filed his Motion to Resolve Prayer for Status Quo Ante Order or Temporary Restraining Order. [35] On November 29, 2021, the Committee transferred Ong, together with Mohit, to the Pasay City Jail. [36] Incidents involving Yang According to Yang, the Committee sent a subpoena on August 27, 2021 to his office, PAILI Holdings Corporation (PAILI). While it required his attendance at the hearing scheduled at 1:30 p.m. that day, the receptionist of PAILI received the subpoena only at 8:00 a.m. of the same day. Allegedly, Yang's secretary was unable to contact Yang, who w