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Opinion

Honest mistake

The broader view - Harry Roque - The Philippine Star

I have battled diabetes mellitus for decades and survived an unstable angina coronary disease in 2019 and Covid-19 in 2021. I have also weathered many ups and downs, particularly on the political front. I also wear many hats: family man, lawyer, educator and public servant. The one thing that intersects all of these is my activism. I am always ready to speak out and take legal action against individuals and institutions that commit human rights violations, malpractices and unconstitutional acts.

Perhaps, I am one of the most hated personalities of the Marcos administration. I must take the criticisms from pro-government forces in stride in deference to their right to free speech and expression. I belong to a multitude of disillusioned supporters of the defunct UniTeam who have lost faith in the current government. And yet, I continue to fight for what I believe in, at the risk of my life and liberty.

Thus, as I write this piece, I find myself detained at the House of Representatives premises. The quad committee on dangerous drugs, public order and safety, human rights and public accounts have cited me for contempt for missing the public hearing last Aug. 16 in Pampanga. They ruled that I committed contemptible acts under Section 11, Paragraph E of the House rules governing legislative investigations. Before that, I attended two committee hearings as a resource person.

I was also present last Aug. 22. Truth be told, I did not heed the advice of my physician to get confined in a hospital that day. Given my coronary artery stents, my doctor was worried about my fast heart rate. It could lead to a collapse during the day-long hearing. Likewise, I had to represent my wife, who could not attend due to a life-threatening medical condition. I decided to appear and brave another round of intense grilling because I had nothing to hide.

It was an honest mistake on my part. I sincerely apologized to the committee chairs and members for my absence. Still, they found me guilty of one crime: non-appearance at a hearing. I was penalized with a 24-hour detention.

I maintain that I never intended to disrespect the legislative investigation or any member of the quad comm. It is public knowledge that I once served as a party-list representative in the 17th Congress. Therefore, I would never dare misbehave in the august halls of the Lower Chamber, which I considered a happy place and second home in the past.

Humble admission

I have appeared in three out of four inquiries in aid of legislation. I explained to the quad comm that if I had any intention to be absent, I would have skipped the Aug. 22 hearing, too. And that my attendance in the three hearings demonstrates my commitment to clarify and belie accusations linking me to illegal Philippine offshore gaming operators (POGOs). I have repeatedly stated under oath that I did not lawyer for an illegal POGO. Nor did I harbor any fugitive from the law.

I appreciate Senior Deputy Minority Floor Leader Paul Daza for acknowledging the matter. Being the only solon to vote against the contempt ruling, Rep. Daza said my absence last Aug. 22 did not, in any way, disrespect him.

In the hearings, I gave honest responses to the questions posed by the joint committee members. I fully cooperated with the investigating body, even if I felt some questions were already too personal or remotely related to the issues tackled. I also agreed to submit all their requested documents.

As a former congressman, I know the Lower Chamber does not conduct legislative inquiries on a Friday. The hearings that I have participated in were held on Thursdays. When I received the committee’s invitation, I assumed the Aug. 16 hearing fell on a Thursday. I sent an immediate response to the quad comm that I had two court hearings at the Manila Regional Trial Court on the said date. It was close to lunch by the time I realized the first joint hearing was on a Friday. The venue was in Bacolor, Pampanga. I also did not feel well since I had a toxic schedule that entire week.

I humbly admitted and profusely apologized to the quad comm for the human error. Again, I did not intend to lie or disrespect any of my former colleagues in the Lower House. I earnestly asked for their reconsideration since their decision would constitute a deprivation of my liberty, which is a basic human right. I believe that I did not commit disrespect to the joint committees, evidenced by my repeated appearance in the House inquiries. Any punishment that deprives me of liberty is unwarranted.  

Hurt feelings

While they accepted my apologies and acknowledged me as a former colleague and a friend to several incumbents, they still cited me for contempt. Truth be told, most of them have an axe to grind against me for supposedly having maligned them in my SMNI program and livestream. Representative and committee chair Dan Fernandez admitted they were hurt by my remarks on the House decision citing two SMNI broadcasters for contempt.  

I reasoned that the House should not deem the exercise of freedom of speech and the press as a contemptible act. What the SMNI broadcasters discussed was an issue of public interest. Moreover, I challenged the contempt ruling because there was no due process of the law. In jurisprudence, there must be a show cause order before any court can cite anyone for contempt.

While I respect the HOR as an institution, I will not be blind or deaf to any wrongdoing that will affect its institutional integrity. The citizenry has the right to call out certain acts that threaten constitutional freedoms and liberties.

In my view, the contempt ruling smacks of abuse of power and political harassment against an anti-Marcos Jr. critic like me. But I will never cower before any persecutor. I will continue voicing my criticisms against the malpractices and incompetence in government. After all, what criminal act have I committed? What constitutional provision did I violate? I look forward to facing all my accusers in the proper court of law.

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