Legal counsel of Cassandra Li Ong mulls filing case on 'arbitrary detention' | ABS-CBN
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Legal counsel of Cassandra Li Ong mulls filing case on 'arbitrary detention'
Legal counsel of Cassandra Li Ong mulls filing case on 'arbitrary detention'
Cassandra Li Ong at the House of Representatives, August 26, 2024. House of Representatives/contributed photo
Cassandra Li Ong at the House of Representatives, August 26, 2024. House of Representatives/contributed photoMANILA -- The legal counsel of Cassandra Li Ong is studying the filing of a case against officials behind her 'arbitrary detention' at the National Bureau of Investigation.
MANILA -- The legal counsel of Cassandra Li Ong is studying the filing of a case against officials behind her 'arbitrary detention' at the National Bureau of Investigation.
Ong is the representative of Lucky South 99, the Philippine Offshore Gaming Operator (POGO) that was raided in Porac, Pampanga.
Ong is the representative of Lucky South 99, the Philippine Offshore Gaming Operator (POGO) that was raided in Porac, Pampanga.
Last Thursday, Ong and Shiela Guo, alleged companions of dismissed Bamban, Tarlac Mayor Alice Guo, were taken to the NBI headquarters in Quezon City.
Last Thursday, Ong and Shiela Guo, alleged companions of dismissed Bamban, Tarlac Mayor Alice Guo, were taken to the NBI headquarters in Quezon City.
In a media forum on Monday, lawyer Ferdinand Topacio said they will question the "arbitrary detention" of Ong, which he alleges has no legal basis.
In a media forum on Monday, lawyer Ferdinand Topacio said they will question the "arbitrary detention" of Ong, which he alleges has no legal basis.
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"Ang nangyari po dito, pag dating sa airport dinala sa BI at kinuha ng NBI. Ano ang legal basis ng NBI para arestuhin si Cassy Li Ong? Wala. Bakit wala? Dahil walang kaso si Cassy Li Ong na naka file sa court. Since there is no case, there is no warrant issued by any court," he said.
"Ang nangyari po dito, pag dating sa airport dinala sa BI at kinuha ng NBI. Ano ang legal basis ng NBI para arestuhin si Cassy Li Ong? Wala. Bakit wala? Dahil walang kaso si Cassy Li Ong na naka file sa court. Since there is no case, there is no warrant issued by any court," he said.
"Walang warrant, walang kaso, idedetain mo sa NBI? That is arbitrary detention. Arbitrary detention is when a public officer detains another without legal cause. Hindi ba yan? Public officer mga NBI, dinetain nila si Cassy Li Ong at si Shiela Guo, walang warrant no nothing," Topacio added.
"Walang warrant, walang kaso, idedetain mo sa NBI? That is arbitrary detention. Arbitrary detention is when a public officer detains another without legal cause. Hindi ba yan? Public officer mga NBI, dinetain nila si Cassy Li Ong at si Shiela Guo, walang warrant no nothing," Topacio added.
The lawyer claimed the warrant against Ong is not addressed to all law enforcement agencies, it is a legislative warrant issued by the House of Representatives.
The lawyer claimed the warrant against Ong is not addressed to all law enforcement agencies, it is a legislative warrant issued by the House of Representatives.
The warrant can be implemented with the help of the Philippine National Police.
The warrant can be implemented with the help of the Philippine National Police.
"Ang legislative warrant po summary in nature. May mag momotion lang… may mag second the motion lang, may warrant na dadalhin sa Office of the Speaker. Not in connection with a criminal case because contempt of the legislature is not a criminal case," Topacio added.
"Ang legislative warrant po summary in nature. May mag momotion lang… may mag second the motion lang, may warrant na dadalhin sa Office of the Speaker. Not in connection with a criminal case because contempt of the legislature is not a criminal case," Topacio added.
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He believes the NBI is acting on orders from "higher ups" at the Department of Justice, which the bureau is under.
He believes the NBI is acting on orders from "higher ups" at the Department of Justice, which the bureau is under.
"They're only acting under orders so titingnan natin kung paanong hindi natin madadamay ang NBI. Alam po natin hindi gagalaw ang NBI sa alanganin. Hindi naman sila gagalaw without orders from above. Tingnan natin kung pwedeng idemanda yung taga DOJ sa mismong DOJ. Let's check the partiality or impartiality of the DOJ," he said.
"They're only acting under orders so titingnan natin kung paanong hindi natin madadamay ang NBI. Alam po natin hindi gagalaw ang NBI sa alanganin. Hindi naman sila gagalaw without orders from above. Tingnan natin kung pwedeng idemanda yung taga DOJ sa mismong DOJ. Let's check the partiality or impartiality of the DOJ," he said.
Topacio clarified that they are studying if they will file the case before the DOJ or the Office of the Ombudsman, since those that may be involved are public officials.
Topacio clarified that they are studying if they will file the case before the DOJ or the Office of the Ombudsman, since those that may be involved are public officials.
In response, NBI Director Jaime Santiago denied the allegations of arbitrary detention. He said the camp of Ong is welcome to file a complaint on the matter.
In response, NBI Director Jaime Santiago denied the allegations of arbitrary detention. He said the camp of Ong is welcome to file a complaint on the matter.
Santiago said three criminal charges have been filed against Ong and Guo.
Santiago said three criminal charges have been filed against Ong and Guo.
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"They can do that. Walang arbitrary detention dito. Remember ang arbitrary detention nagru-run lamang pagka may office hours. Eh holiday tayo mula Biyernes eh. Walang arbitrary detention to speak of. May process na ginawa kami. Finile-an namin ng charges, criminal charges and they have undergone inquest proceedings," he told reporters in an ambush interview.
"They can do that. Walang arbitrary detention dito. Remember ang arbitrary detention nagru-run lamang pagka may office hours. Eh holiday tayo mula Biyernes eh. Walang arbitrary detention to speak of. May process na ginawa kami. Finile-an namin ng charges, criminal charges and they have undergone inquest proceedings," he told reporters in an ambush interview.
Santiago added that the Senate and the House agreed to have Guo and Ong remain under their custody until the respective hearings.
Santiago added that the Senate and the House agreed to have Guo and Ong remain under their custody until the respective hearings.
Ong and Guo were detained at the NBI starting Thursday night until Monday morning.
Ong and Guo were detained at the NBI starting Thursday night until Monday morning.
The NBI brought Ong to the House of Representatives in Quezon City, while Guo was turned over to the Senate in Pasay City.
The NBI brought Ong to the House of Representatives in Quezon City, while Guo was turned over to the Senate in Pasay City.
TOPACIO HITS ANEW ARREST AND DEPORTATION
The lawyer emphasized that there were no cases filed against Ong at the time of her arrest.
The lawyer emphasized that there were no cases filed against Ong at the time of her arrest.
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The DOJ earlier said Ong faces criminal complaints for violation of Philippine immigration laws and obstruction of justice.
The DOJ earlier said Ong faces criminal complaints for violation of Philippine immigration laws and obstruction of justice.
Topacio also reiterated that the Bureau of Immigration records show Ong is a holder of a valid Philippine passport and she has a valid birth certificate at the Philippine Statistics Authority.
Topacio also reiterated that the Bureau of Immigration records show Ong is a holder of a valid Philippine passport and she has a valid birth certificate at the Philippine Statistics Authority.
He likewise questioned the order from Malacañang to cancel the passports of Ong and Guo, which he says can only be done by a court.
He likewise questioned the order from Malacañang to cancel the passports of Ong and Guo, which he says can only be done by a court.
"With respect to Cassy Li Ong, she went out of the country through the normal channel. Bakit nagkaroon ng request ang Philippine government sa Indonesian government to repatriate her? The only circumstances you can impair the right to travel ay if there is, it is a case of national security, public health or public safety. Saan doon pumapasok si Cassy Li Ong?," he said.
"With respect to Cassy Li Ong, she went out of the country through the normal channel. Bakit nagkaroon ng request ang Philippine government sa Indonesian government to repatriate her? The only circumstances you can impair the right to travel ay if there is, it is a case of national security, public health or public safety. Saan doon pumapasok si Cassy Li Ong?," he said.
The Bureau of Immigration said on Monday that Ong was not charged with any immigration case.
The Bureau of Immigration said on Monday that Ong was not charged with any immigration case.
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