MANILA — The Supreme Court (SC) on Tuesday ordered the Senate to comment on the habeas corpus petition filed by Aegis Juris fraternity leader Arvin Balag questioning his detention for contempt in the legislative inquiry on the hazing death of UST law freshman Horacio “Atio” Castillo III.
SC spokesman Theodore Te, in a briefing, announced the directive was issued following Tuesday’s regular en banc session of the magistrates.
“The Court directed the respondents to comment on both the petition for certiorari and the application for a temporary restraining order within a non-extendible period of ten (10) days from notice of the order,” Te told reporters.
Balag filed the petition last Oct. 25 seeking a temporary restraining order against his detention and also an order for his release.
He argued that the contempt order violated the constitutional right of persons appearing in legislative probes, right to fair trial and that the investigation was not in aid of legislation but “in aid of prosecution.”
Balag also claimed he was denied equal protection of the law, claiming other resource persons who refused to answer “incriminating questions” of senators were not cited in contempt.
Named respondents to the petition were the Senate committees on public order and dangerous drugs, justice and human rights, and constitutional amendments and revision of codes and Senate sergeant-at-arms retired Major General Jose Balajadia, Jr.
Balag has been in Senate detention since October 18, the day he was held in contempt by the Senate public order committee after repeatedly refusing to answer questions from the members of the panel regarding his leadership and membership in the University of Santo Tomas-based fraternity.
Balag apologized for his previous actions, saying it was never his intention to “disrespect” the committee.
He is among the respondents facing criminal charges before the Department of Justice (DOJ) for Castillo’s death on September 17.
He has denied criminal liabilities and asked the DOJ to dismiss the charges, arguing there is no evidence that Castillo went through physical or psychological injury as a prerequisite for admission to Aegis Juris.
The panel of prosecutors set the submission of a reply on November 9 and November 16 for the filing of rejoinder.
Castillo died after attending the “welcoming rites” of the fraternity last September 16. (PNA)
