The Senate on Wednesday moved to commit former Public Works and Highways Bulacan 1st District Assistant Engineer Brice Hernandez to the Pasay City Jail while emphasizing the Senate’s jurisdiction over him.
This after Senate Minority Leader Alan Peter Cayetano protested the Senate handover of Hernandez – a person cited in contempt during Monday’s Senate Blue Ribbon Committee hearing – to the Philippine National Police (PNP) Custodial Center.
Speaking on behalf of the Minority bloc, Cayetano addressed the plenary on September 10, 2025 in response to Senator Jinggoy Estrada’s privilege speech regarding Hernandez’s allegations at the House of Representatives implicating Estrada in anomalous flood control projects in Bulacan.
“May I know Mr. President, will that be the new rule? Because under the present rule, kung sino ang may jurisdiction, siya y’ung magde-decide,” the Minority Leader told Senate President Vicente “Tito” Sotto III on Wednesday afternoon.
“For example, kung siya ay incarcerated under RTC (Regional Trial Court), so magpapalaam tayo sa RTC kung pwede natin siyang hiramin. Nagpaalam sila (House of Representatives) sa atin kung pwede nilang hiramin ang witness,” he added.
Hernandez had been cited in contempt on Monday, September 8, 2025 and was kept in the Senate premises overnight. The following day, he however, was requested by the House of Representatives to attend its own probe on flood control projects. Hernandez himself requested not to be returned to the Senate for fear of his life.
Hernandez was then placed under detention at the PNP Custodial Center following a decision made by Sotto upon the request of House Speaker Martin Romualdez.
“Insulto po sa ating sabihin na may mangyayari sa kanya dito. Unang una po, bente kwatro po tayo na lahat ay independent. Sinabi na rin po ng Senate President na iginagalang natin ang independence ng Senate,” Cayetano said.
He emphasized that the Senate has never had issues regarding the safety of witnesses or persons cited in contempt, citing the handling of the NBN-ZTE in 2007 deal as a precedent.
“Masyadong mabigat ang accusation ni Hernandez na takot siya dito or whatever. Ang dami na nating naging witness dito. In-accuse pa ang kapwa senador, pero never naman po nagkaroon ng problema dito (sa Senado),” the senator said.
The Minority Leader stressed that should there be a need to change a rule, it should be done collectively.
“My point is this — what if the reverse happens now. What if we borrow a witness from the House? Is that the new rule now? Na ang PNP Custodial Center na or makikiusap tayo pabalik sa House? Because I don’t think we should change rules without doing it in caucus as a group,” he said.
“But I see the wisdom, Mr. President, of your immediate action. I’m not questioning it. I’m just asking, moving forward, shouldn’t we keep the old rule na kung sino ang may custody, iyon ang magkeep ng custody niya,” he added.
