Lawyers’ group reminds Senate of limitations during investigations

Inquirer photo/Niño Jesus Orbeta

MANILA, Philippines — A lawyers’ group on Sunday has reminded the Senate of its limitations during investigations, in relation to the recent probe into Philippine Offshore Gaming Operators (Pogos) and the upcoming inquiry into former president Rodrigo Duterte’s drug war.

In a statement, Quezon City Trial Lawyers League president Atty. Victor Rodriguez stated three limitations on the power of legislative investigation:

1. The inquiry must be in aid of legislation.
2. The inquiry must be conducted in accordance with its duly published Rules of Procedure.
3. The rights of persons appearing in or affected by such inquiries shall be respected.

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According to Rodriguez, members of the Senate must comply with these limitations to prevent the occurrence of possible rights violations during investigations.

Among the rights usually affected during inquiries are the right against self-incrimination and the right to privacy, Rodriguez noted in the statement.

He added that the right to self-incrimination may be availed only when asked, while the right to privacy is not absolute.

In addition, the Quezon City Trial Lawyers League referenced two Supreme Court cases to clarify the duration for which a resource person can be held in contempt during a legislative investigation.

“In Ong v. Senate, G.R. Nos. 257401 & 257916, 28 March 2023, the Supreme Court stated: ‘Also, where there is factual basis for the contempt, the resource person‘s detention should only last until the termination of the legislative inquiry.’

“Moreover, in Balag v. Senate, G.R. No. 234608, 03 July 2018, the Supreme Court held: ‘The Court further ruled that the inquiry would terminate in two instances: (1) Upon approval or disapproval of the Committee Report, which is within 15 days after conclusion of the inquiry; and (2) Upon expiration of the Congress.’”

For any investigation conducted by the Senate, it must also follow its established rules, according to the lawyers’ group.

These include the Senate’s official Rules, Resolution No. 5, which outlines the procedures for investigations conducted in aid of legislation, and Senate P.S. Resolution No. 889, which was introduced by Senator Francis Tolentino.