Defense turns tables on House majority leader

MANILA, Philippines - The defense panel turned the tables yesterday on House Majority Leader Neptali Gonzales II, whom they wanted to be cited for contempt for threatening to discipline or expel Navotas Rep. Tobias Tiangco and two other congressmen if they testified for Chief Justice Renato Corona.

The two other congressmen are Jesus Crispin Remulla of Cavite and Hermilando Mandanas of Batangas.

Prior to his testimony last Monday, Tiangco had announced that he was willing to testify voluntarily with or without a subpoena.

He revealed in media interviews that Gonzales “is bullying us.”

“How can he say that we are committing unruly behavior? Is it considered an unruly behavior if you voluntarily appear before the court? Is that a hostile act? Compared to him I am just a minor political player. So who’s the bully here?” the motion read, quoting Tiangco’s words.

The defense motion, which was signed by lawyers Jose Roy and Dennis Manalo, noted that the public utterances and pronouncements made by Gonzales were undeniable threats openly directed against the intent of Tiangco to testify.

“Surely, the circumstances and occasion attending these threats by majority leader Gonzales constitute an open attempt to thwart evidence being relied upon by the CJ (Chief Justice) in his defense,” they added.

The defense also cited the Rules of Court, which explicitly prohibit any attempt to impede, obstruct or degrade the administration of justice.

Corona’s lawyers also regarded Gonzales’ statements as confirming the “threats of expulsion from the majority leader.”

They asserted this was a form of intimidation calculated to induce Tiangco to refuse being sworn as a witness in the impeachment trial of Corona.

Citing provisions of the Revised Penal Code, Gonzales’ act is tantamount to “disobedience to summons issued by the National Assembly, its committees or subcommittees, by the Constitutional Commissions, its committees, subcommittees and divisions.”

Under the provision, the penalty of arresto mayor or a fine ranging from P200 to P1,000 or both and imprisonment is meted to a witness who refuses to be sworn and without legal excuse.

“The same penalty shall be imposed upon any person who shall restrain another from attending as a witness or who shall induce disobedience to summons or refusal to be sworn by such body or official,” the defense said.

They argued that the threats against a witness, calculated to discourage him from testifying or intended to instill fear of reprisal or retaliation, derail the proper administration of justice, by preventing Corona from access to evidence that could prove material to his defense.

On the same token, the lawyers argued that efforts to prevent or discourage witnesses from appearing and freely giving open testimony in court “amount to obstructing the performance and conduct of the judicial function.”

“It is precisely for this purpose that the contempt power of the court should be exercised.”