IBP Avoids Stand on Lopez Detention Issue

By Joseph Bernard A. Marzan

The Integrated Bar of the Philippines (IBP) announced on Thursday, Nov. 28, that it would refrain from taking a position on the House of Representatives’ contempt and detention orders against lawyer Zuleika Lopez, chief of staff to Vice President Sara Duterte.

In a statement dated Nov. 27 and signed by National President Antonio Pido, the IBP said it was not obliged to make a stand on the matter, citing the non-political nature of the organization as defined in its by-laws.

The statement referred to Section 4 of Bar Matter No. 4261 (Revised IBP By-Laws), promulgated by the Supreme Court on March 8, 2023, which states, “The Integrated Bar is strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly.”

“Under these given state of facts, is the Integrated Bar of the Philippines obliged to take a stand, either for or against, the contempt and detention order issued by the Committee of Congress against the said individual? […] The answer is NO[,]” the IBP declared.

Although the statement did not name Lopez or Duterte, it highlighted the political undertones of the orders issued by the House, noting that taking a stand would risk violating the IBP’s rules.

“There is no doubt that the said individual was invited as a resource person because of the fact that she is the Chief of Staff of a national political figure who is currently engaged in a partisan political feud with another national political figure,” the statement read.

“If the IBP takes a stand regarding the order of contempt and detention issued by the Committee of Congress against the said individual, it will surely be interpreted as an activity that tends to impair the basic feature of the IBP as a non-political organization,” it added.

Legal Guidance Encouraged

The IBP underscored that the rights of individuals invited as resource persons to legislative inquiries have been clearly defined by the Supreme Court, along with the legal remedies available in case of rights violations.

“All lawyers are presumed to know these Supreme Court decisions because these form part of the law of the land. Ignorantia Legis Neminem Excusat,” the statement emphasized.

The IBP also encouraged lawyers to assist individuals cited for contempt or detained by Congress in pursuing available legal remedies.

“Any lawyer who wishes to assist an individual who is held in contempt and ordered detained by the Committee of Congress is presumed to know the legal remedies available to that individual, and is encouraged to immediately take legal action to protect the rights of the said individual,” the statement said.

Roque Criticizes IBP Silence

The IBP’s statement followed criticism from former presidential spokesperson Harry Roque, a supporter of Duterte, who questioned the organization’s silence regarding Lopez’s situation.

In a Facebook post on Nov. 23, Roque asked, “My IBP, why are you so quiet [about] what’s happening to one of us, Atty. Lyka Lopez?”

Lopez, a long-time aide to Duterte dating back to her time in Davao City politics, was recently cited in contempt by the House committee on Good Governance and Public Accountability. The citation stemmed from her letter to the Commission on Audit requesting the withholding of reports on the Office of the Vice President’s confidential fund spending.

The hearings have further intensified political tensions between Vice President Duterte and President Ferdinand Marcos Jr., her former running mate under the UniTeam banner during the 2022 elections.