THE Supreme Court (SC) on Tuesday, Nov. 7, said, it has directed respondents — the Senate and its officials, in this case — to comment on a petition by alleged fraternity leader Arvin R. Balag challenging the Senate inquiry on the Sept. 17 hazing and death of Horacio T. Castillo III and Mr. Balag’s detention by the Senate for contempt.

Through his lawyers Teodoro M. Jumamil, Robespierre S. Cu and Stanley L. Gotohio, Mr. Balag in his 47-page petition sought to have Senate Resolution No. 504 — the basis of the continuing Senate inquiry on the Castillo case — as well as his detention in the Senate since Oct. 18 declared unconstitutional and “issued with grave abuse of discretion amounting to lack or excess of jurisdiction.”

The respondents in his petition are the Senate of the Philippines; its sergeant-at-arms, retired major general Jose V. Balajadia, Jr.; and the Senate committees on public order and dangerous drugs, justice and human rights, and constitutional amendments and revision of codes, all as “respondent committees.”

Mr. Balag was ordered detained by the Senate after he declined to confirm or deny that he is president of Aegis Juris, the fraternity in the spotlight of the Castillo case.

The said resolution that he is challenging before the high court, introduced by Senator Juan Miguel F. Zubiri, expressed its sense of “condemning in the strongest sense the death of freshman law student Horacio Tomas Castillo III and directing the appropriate Senate committees to conduct an investigation, in aid of legislation, to hold accountable those responsible for this senseless act.”

Mr. Balag argued, in part, that the resolution “on its face” showed that the Senate inquiry was “not in aid of legislation but in aid of prosecution.”

He argued further, citing jurisprudence as well, that the Senate investigation violated the principle of separation of powers, as well as his rights against self-incrimination and to due process of law.

Mr. Balag cited, in particular, the insistent questioning as to whether he is president of Aegis Juris in which, at some point, “Senator (Panfilo M.) Lacson even threatened to order the detention of petitioner in the Pasay City Jail under the custody of respondent Balajadia.” Mr. Lacson heads the Senate committee on public order and dangerous drugs.

“The threat of detention in the Pasay City Jail is simply too much to bear for petitioner, by reason of which, he ANSWERED the CAUSE of his contempt citation and admitted that he is a member of the AJ (Aegis Juris) and that he is not aware of the AJ’s Presidency since he is already enrolled in another school as of August 2017” Mr. Balag said in his petition.

Mr. Balag noted further that he was “denied the equal protection of law because other Resource persons who refused to answer the questions of respondent committees by invoking their right against self-incrimination were not cited in contempt.”

His petition also “seeks to declare unconstitutional the Senate Rules on Legislative Investigations insofar as they are made applicable to persons against whom criminal cases have been filed either in the Prosecutor’s Office for Preliminary Investigation and/or the Courts for trial….”

Sought for comment on Mr. Balag’s petition, Senate President Aquilino L. Pimentel III said in a text message to reporters the Senate will “Study it.” — Andrea Louise E. San Juan with Arjay L. Balinbin

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