Motion to quash

Two years ago, I was hospitalized for almost a week in Laos for spinal stenosis, a serious and excruciating back condition. I was then on a tour of Vientiane with my family. It is among several ailments that has plagued me for a long time. Last Sunday, I experienced a flare-up, so I am currently under painkillers. I have already sought help from my doctor. Since it impairs my mobility, I failed to attend to my duties and appointments for the week.

Last Wednesday, I filed a quashal motion on the subpoena issued by the House of Representatives quad committee on Aug. 22, which required me to submit several documents about the financial history of my family. As a resource person, I have attended the ongoing investigation of the joint committees on dangerous drugs, public order and safety, human rights and public accounts on illegal Philippine offshore gaming operators (POGO) or internet gaming licensees (IGL).

The quad comm has ordered me to submit the following documents: my Statement of Assets and Liabilities from 2016-2022, my and my wife’s Income Tax Returns (ITR) from 2014-2022 and our respective medical certificates, the extrajudicial settlement of the estate, including tax returns, of my late aunt and the deed of sale with tax returns and transfer of property of the 1.8-hectare property in Multinational Village, Parañaque that my family sold. The committee also asked me for the transfer of shareholdings to Atty. Percival Ortega with trust agreement and related documents submitted to the Securities and Exchange Commission (SEC), the ITR of Biancham Inc. and the statement of Biancham’s beneficial owner filed with SEC.

In my motion, I invoked my constitutional right to privacy, to remain silent and against self-incrimination. The Bill of Rights explicitly states that no person shall be compelled to testify against oneself (Section 17), private communication and correspondence are inviolable (Section 3) and any person being investigated has the right to remain silent (Section 12).  

The requested private and personal documents are irrelevant and immaterial to the quad comm hearing. The documents are not germane to the subject of the inquiry. The release of my