Dan Fernandez hit with ethics complaint over alleged misconduct in Quad Comm hearings

MANILA, Philippines — An ethics complaint was lodged against Rep. Dan Fernandez (Santa Rosa, Lone District) on Monday, January 27, accusing him of violating the House of Representatives’ Code of Conduct.

The complaint was submitted by Ferdinand Topacio, legal counsel for Cassandra Ong, an authorized representative of Lucky South 99. 

Topacio recommended that Fernandez be removed from the lower chamber for allegedly depriving Ong of the right to communicate with her legal counsel and for misinterpreting jurisprudence from Supreme Court decisions.

“Hence, I submit that Respondent has conducted himself against the integrity of the House and its members, consequently warranting his expulsion therefrom,” Topacio said.

Ong, who served as a resource person at the Quad Committee hearings, has been facing accusations of knowing the criminal activities tied to Lucky South 99 when it operated as a licensed Philippine offshore gaming operator (POGO).

During the mega panel’s early hearings, Topacio raised concerns about Fernandez’s alleged misconduct, accusing him of “disregarding the constitutional rights of resource persons in legislative inquiries.” 

"Karapatan po niya 'yan, pagbigyan po natin," Fernandez told reporters. "Kung may violation tayo, pagdesisyon ng committee. Ganu'n kasimple 'yun."

(That's his right, let's allow it. If there's a violation, it's up to the committee to decide. It's that simple.)

What went down during the hearings?

Topacio referred to the Aug. 28, 2024 hearing when Ong requested a 10-minute consultation with her legal counsel. Fernandez expressed his objection even to Chair Robert Ace Barbers’ decision to allow a brief 5-minute suspension for the meeting.

He also criticized the committee's questioning of Ong, claiming it “elicited incriminating statements” while she was already facing charges of money laundering and human trafficking. He argued that Ong's rights to remain silent and to avoid self-incrimination were violated.

Ong is currently under investigation by the Department of Justice (DOJ) for non-bailable human trafficking charges, which are related to her involvement with the operations of the now-defunct POGO.

Constitutional rights. The right to remain silent and to avoid self-incrimination is outlined in Article 3, Sections 12 and 17 of the Constitution, which protects individuals from being forced to testify against themselves. Topacio also pointed to Sections 9 and 13 of the House Rules in support of this argument.

Despite Ong’s refusal to testify, Fernandez pressed on with questions. This time, however, they were unrelated to POGOs. He asked where she studied and what her first job was.

Ong still invoked her right against self-incrimination, prompting some lawmakers — not just Fernandez — to argue that those questions shouldn't be incriminating. 

They also expressed concern over Topacio's frequent whispering to Ong, advising her on how to respond to nearly every question.

In the complaint, Topacio focused his accusations on Fernandez even when other members also raised a point of order or manifestation of the same observation.

The Quad Committee then arranged for Topacio to sit behind Ong, though lawmakers insisted he should keep his distance. 

Fernandez and other members clarified that they wanted to give Ong time to decide on her own if she preferred an executive session — a closed-door meeting — where she could disclose any potentially incriminating information without risking harm.

Topacio further argued that Fernandez’s remark reinforced the decision to prevent him from speaking with Ong. When Ong began answering questions directly, Fernandez said she was capable of cooperating, claiming that the issue lies with the people around her. Topacio believes the lawmaker was referring to him. 

Topacio also challenged Fernandez's interpretation of Supreme Court rulings, arguing that, as a non-lawyer, his misinterpretation “caused massive injury to his client by depriving her of her rights.”

Ong, also an incorporator of the firm that leased land to Lucky South 99, was cited in contempt twice by the Quad Comm and detained at the Correctional Institution for Women.

The contempt charge was lifted on Dec. 12, 2024, and she was freed the same week after almost four months in prison.