An ethics complaint has been filed against Santa Rosa City Representative Dan Fernandez, accusing him of allegedly obstructing Whirlwind Corporation stakeholder Katherine Cassandra Ong from seeking legal counsel during House quad committee hearings.
The complaint, detailed in a 24-page petition submitted by Ong’s lawyer Ferdinand Topacio to the House Committee on Ethics and Privileges, alleges that Fernandez repeatedly prevented Ong from consulting her lawyer, despite constitutional guarantees.
Topacio, who accompanied Ong during multiple hearings in late 2024, asserted that Ong was entitled to legal representation as enshrined in the 1987 Constitution. According to Topacio, Fernandez disregarded this right, even though Surigao del Norte 2nd District Representative Robert Ace Barbers, the lead presiding officer, affirmed Ong’s right to consult her lawyer.
“During the third quad committee hearing, Fernandez failed to recognize Cassandra’s right to counsel, despite the Constitution guaranteeing this right,” Topacio said. “Even Chairman Rep. Barbers acknowledged Cassandra’s right to consult me before responding to the Committee’s questions. In stark contrast, Fernandez actively obstructed this right.”
Topacio also claimed that Fernandez attributed Ong’s hesitance in providing direct answers to his presence as her counsel—a sentiment Topacio argued undermines the House as an institution.
“Fernandez went as far as saying the problem lies with the people around Cassandra, clearly targeting me,” Topacio added. “In photos from the third hearing, Cassandra is seen sitting alone, surrounded by House staff, with the seat next to her—reserved for her counsel—empty. This underscores her isolation and deprivation of legal assistance.”
Ong initially appeared before the quad committee hearings on August 28, 2024, as lawmakers sought to investigate connections between Whirlwind Corporation and Lucky South 99, a Philippine offshore gaming operator (POGO). Whirlwind Corporation had leased land in Porac, Pampanga, to Lucky South 99.
Ong, who holds a 58% stake in Whirlwind, invoked her right against self-incrimination during her initial testimony, leading lawmakers to cite her for contempt. The contempt charge was later lifted after Ong agreed to cooperate, answering questions and signing a bank secrecy waiver for her alleged bank accounts.
However, lawmakers remain skeptical of Ong’s involvement with Lucky South 99, citing testimonies from other resource persons that suggest her deeper connection to the POGO operator. Lucky South 99 was implicated in a June 4 raid on its Porac hub, where authorities rescued 186 foreign and Filipino workers over alleged human trafficking.
This is not the first time Topacio has criticized the quad committee. In September 2024, he accused the panel, particularly Abang Lingkod party-list Representative Joseph Stephen Paduano, of abusing contempt powers to pressure resource persons. Topacio cited a Supreme Court ruling on due process in similar congressional proceedings, emphasizing that citing resource persons for contempt must follow legal safeguards.
Fernandez, however, defended the quad committee’s actions, warning that failing to penalize untruthful testimonies could set a dangerous precedent.