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Sta. Rosa City Rep. Dan Fernandez | PHOTO: Official website of the House of Representatives / congress.gov.ph
MANILA, Philippines — An ethics complaint was filed against Santa Rosa City Rep. Dan Fernandez for allegedly preventing Whirlwind Corporation stakeholder Katherine Cassandra Ong from getting legal advice during the House quad committee hearings.
In his 24-page petition submitted to the House committee on ethics and privileges on Monday, Ong’s lawyer Ferdinand Topacio claimed that Fernandez several times succeeded in preventing Ong from consulting her lawyer.
Topacio accompanied Ong during several of the quad committee hearings in the fourth quarter of 2024.
According to Topacio, he told the panel several times that Ong was entitled to having a lawyer of her own choice, as guaranteed by the 1987 Constitution.
However, Topacio said Fernandez prevented this several times, even if the quad committee lead presiding officer and Surigao del Norte 2nd District Rep. Robert Ace Barbers already allowed.
“During the third quad comm hearing, Respondent failed to recognize Cassandra’s right to counsel, as a resource speaker in the joint committee hearing. I emphasized that the right to counsel is a right guaranteed by no less than the Constitution,” Topacio said.
“Recalling the exchange cited above, even Chairman Rep. Barbers recognized Cassandra’s right to consult his lawyer. He affirmed that it is but right to let her consult me before answering the questions of the Committee. Rep. Barbers recognized the right of my client to counsel, as opposed to Respondent who kept on preventing me from advising my client,” he added.
Topacio also claimed that Fernandez believed that the reason why Ong refrained from giving direct answers during the hearing was because of him — an accusation which Topacio said does not reflect well on the House as an institution.
“Secondly, he disallowed the counsel to talk to his client. He even affirmed this decision by saying that the problem is with the people around Cassandra and he was pertaining to me,” Topacio said.
“In the photos below, taken during the third quad comm hearing, it is seen that Cassandra is sitting all on her own while being surrounded by the staff of the House of Representatives. The seat next to her is empty, which should be filled by her counsel. Clearly, this shows that she is prevented from interacting with anyone, even with her own counsel,” he added.
Ong first showed up at the quad committee hearings last August 28, as lawmakers wanted to clarify the links between Whirlwind Corporation and Lucky South 99.
Whirlwind is the company that leased land in Porac, Pampanga to Lucky South 99, a Philippine offshore gaming operator (Pogo).
Ong, however, refused to answer questions, invoking her right against self-incrimination, leading lawmakers to cite her for contempt as they believed the questions were not incriminating.
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It was eventually lifted after lawmakers deemed her cooperative, answering questions and signing a bank secrecy waiver for her supposed three bank accounts.
Ong is said to hold a 58 percent stake at Whirlwind.
However, lawmakers believe Ong is also part of Lucky South 99 after several resource persons testified to her involvement.
At least 186 foreign and Filipino workers were rescued from the Pogo hub in Porac, which was raided last June 4 over human trafficking concerns.
This is not the first time that Topacio criticized the quad committee members. On September 20, 2024, the lawyer said that the four panels abused their power to cite resource persons for contempt after Ong’s actions were deemed contemptible again.
READ: Topacio claims House quad-comm misuses contempt powers vs Ong
Topacio pointed to quad committee co-chairperson and Abang Lingkod party-list Rep. Joseph Stephen Paduano as one of the lawmakers behind the abuse of contempt orders.
Topacio cited jurisprudence, particularly a case against the Senate blue ribbon committee filed by Pharmally executive Lincoln Ong, where the Supreme Court said that there should be due process before a resource person of Congress is cited for contempt.
READ: SC voids arrest of Pharmally execs but affirms contempt power of Senate
Fernandez said Paduano’s actions were not an abuse of the powers vested upon Congress, adding that refraining from penalizing lying resource persons might set a dangerous precedent.