Arroyo bookkeeper’s hubby seeks habeas corpus

THE husband of Rowena Del Rosario, the former bookkeeper of LTA Inc. who is now detained at the Senate on contempt charges, yesterday filed a petition for habeas corpus before the Court of Appeals seeking to release his wife.

Rolly del Rosario told the CA the members of the Senate Blue Ribbon Committee acted arbitrarily, unjustly, unfairly and unlawfully in ordering the arrest and detention of his wife, who testified before the panel on Monday in connection with the questioned purchase by the Philippine National Police of helicopters in 2009.

The arrest should be declared null and void because it violated her constitutional rights and was a blatant disregard of the Senate rules on inquiries in aid of legislation.

“There were not enough votes to consider the contempt order valid, as the votes of the senators who were not present cannot be counted,” he said in the petition.

Del Rosario also pointed out that his wife’s constitutional rights were violated, as she was subjected to a barrage of irrelevant, improper or insulting questions, and harsh or insulting demeanor from senators even though she had fully cooperated and answered them the best way she could.

He lamented that “legislative inquiries have been exploited as an opportunity to grandstand, to earn political fame, and even to pursue personal vendetta.”

Her right

Senators said the former bookkeeper of the Arroyos has the right to ask the court to order her release from Senate detention.

The committee detained Del Rosario Monday night after the panel cited her in contempt for allegedly being evasive in her testimony concerning the real owners of the two second hand helicopters sold as brand new to the PNP.

Senate President Juan Ponce Enrile said that the BRC is ready to justify its decision to detain Del Rosario who testified that she got instructions from Rep, Iggy Arroyo to pay any operational expenses incurred by the LTA Inc., owned by the Arroyo family, in “leasing” helicopters from Lionair Inc.

Asked to comment on the move of Del Rosario’s lawyer to file for habeas corpus, Enrile said: “That’s good. Dapat ‘yun ang kanilang remedy. So, we welcome that. I am not allergic to being brought to court because I want the court to decide. We can be wrong, or we can be right. In all my life as a lawyer, I never say that I know everything. Habeas corpus is always an available remedy.”

Del Rosario’s lawyer, Nunilo Marapao, has described as “irregular” the detention of his client, who was visited by her husband and brother Monday night. “There is no basis so we will ask to produce her before the court. Sinasabi kasi agad na nangsisinungaling s’ya. She should have been allowed to explain her side. Parang inaapi sya,” he said.

BRC chairman, Sen.Teofisto Guingona said:”Karapatan n’ya ‘yan. I am very confident about the legal stand of the Senate.  I don’t see any problem.” The panel is set to resume its investigation into the helicopter scandal tomorrow.

Asked to comment on some observation that the senators had ganged up on a “small fry (Del Rosario), Guingona said: “Ang batayan kapag na detain hindi ‘yung small fish or big fish (ang isang tao). Ang basehan sa pag-de detain, kung nagsisinungaling and kung sumasagot ng paiwas.  Both ‘yun ginawa niya (Del Rosario).

“Right nila yan under the law at sasagutin namin ang petition nila. Kung ma-grant ang habeas corpus wala kaming magagawa kundi mag-comply, but there are several legal precedents, may jurisprudence naman diyan na yung Senado at Kongreso may poder para mag-cite for contempt at mag-detain ng testigo na naging evasive,” said Sen.Panfilo Lacson.

Lacson and BRC chairman, Sen.Teofisto Guingona rejected Del Rosario’s claim that Arroyo indeed owned the questioned helicopters and not his older brother, former First Gentleman Jose “Mike” Arroyo.

Asked until when the BRC will hold Del Rosario, Lacson said: “Pag-uusapan namin ‘yan. Definitely I’m quite sure hanggang Huwebes narito siya dahil may hearing sa Huwebes. So up to Thursday, we will reassess and then probably in a caucus we will determine kung p’wede na ba siya i-release ng Senado.”