Gordon seeks expansion of Senate's contempt rule

Independent Senator Richard J. Gordon today said he wants to amend the rules of the Senate blue ribbon committee for contempt to include provisions for direct and indirect contempt.

Gordon, committee chairman, will file a Senate resolution seeking to amend the contempt rules of the committee, which in effect, would expand the grounds for citing a person in contempt.

"The power to immediately cite persons in contempt has been frustrated due to the absence of a provision on direct contempt in the rules of the blue ribbon committee," he said.

During the committee's probe into the P728-million fertilizer project, the panel cited former agriculture undersecretary Jocelyn Bolante in contempt for his evasive testimonies. As a result, he was arrested and detained for days at the Senate grounds.

The committee also issued arrest orders, citing in contempt and ordering their arrest and detention, against witnesses who refused to appear and testify before the panel.

In Gordon's resolution, Section 6 of the blue ribbon committee rules will have two provisions--direct and indirect contempt.

Under direct contempt, a person may be punished if he/she disobeys any order of the committee, including refusal to produce documents sought by the panel, refuses to be sworn in, to testify or to answer a proper question by the committee, or is testifying falsely and evasively.

The committee can also punish for contempt any person guilty of misbehavior, including disrespect towards the committee or any of its members, as to obstruct and interrupt an ongoing hearing.

Meanwhile, a person, when NOT before the committee, may be adjudged in indirect contempt when he/she disobeys or resists a lawful order, process, judgment or command of the committee, including but not limited to disobedience to a subpoena or refusal to submit documents sought by the panel.

Any person who interferes with a lawful order, process, judgment or command of the committee, thereby frustrating its implementation or enforcement, may also be cited for contempt.

The resolution also seeks to include a 7th Section for the rules of arresting a person cited in contempt of the committee.

The additional section states that upon the declaration of contempt, the committee shall order the Senate sergeant-at-arms to effect the arrest of the person to be detained at a place designated by the committee..

A person detained for having been cited in contempt may only be released if he/she purges himself/herself of that contempt or if the committee orders his/her release.