(FILE) President Rodrigo Roa Duterte and his Cabinet members. SIMEON CELI JR./PRESIDENTIAL PHOTO
MANILA, Philippines — Senate Minority Leader Franklin Drilon wants to challenge before the Supreme Court President Rodrigo Duterte’s memorandum prohibiting executive officials from attending the ongoing Senate blue ribbon investigation.
“This has all the red flags of unconstitutionality, it only covers the Senate, it only covers the blue ribbon, it does not cover other blue ribbon hearings but only this particular blue ribbon hearing,” Drilon said during Tuesday’s hearing.
The Senate panel is looking into the government’s purchases during the height of the pandemic last year, particularly its transactions with Pharmally Pharmaceutical Corp., amid allegations of corruption.
“It must be questioned before the [Supreme Court] as I did as [Senate President] when EO (Executive Order) 464 was issued,” Drilon added in a separate message to reporters.
The minority leader, a former justice secretary, was referring to the EO issued by then-President Gloria Macapagal-Arroyo in 2005 banning executive officials, Cabinet members and military officials from heeding the Senate’s then inquiry on anomalies in the North Rail project.
In 2006, the Supreme Court ruled on EO 464 and stressed that “when the inquiry in which Congress requires their appearance is ‘in aid of legislation,’ the appearance is mandatory.”
Drilon, who said he could join a possible case before the Supreme Court, said a petition should be brought up by either the current Senate President, Vicente Sotto III or blue-ribbon committee chairman Senator Richard Gordon.
“I have no personality as Minority Leader to bring it to the SC, as I cannot represent the Senate. The case Must be brought up by the [Senate President] or Sen. Dick as Blue Ribbon Chair,” he explained.
During the hearing, the absence of government officials became clearly evident when administration ally Senator Francis Tolentino was posing questions.
“I cannot see any other memorandum as blatantly unconstitutional as what we have before us,” Drilon went on.
“Unfortunately, the one affected is Sen. Tolentino because he has all the questions on government officials who are banned from coming to this hearing,” he added.
In questioning Duterte’s memorandum, Drilon pointed out that the blue ribbon committee investigation does not involve national security, diplomatic secrets, or military secrets.
“Therefore, the appearance before this committee cannot be barred, much less only for this particular hearing,” he added.
‘Gordon-specific’
Drilon and Senator Panfilo Lacson also noted that the President’s directive was “Gordon-specific,” referring to Senator Richard Gordon, who chairs the committee.
“This particular Senate blue ribbon committee hearing. Ito lang specific, Gordon-specific,” Lacson said.
Agreeing, Drilon said: “This is what you call the Gordon law or the Gordon memo.”
Earlier, Duterte said he was not against the investigation, but his officials should no longer be involved, especially those involved in the government’s pandemic response.
READ: Duterte issues memo forbidding Cabinet execs from attending Pharmally probe