DOJ chief: Duterte memo meant not to ‘defy’ Congress but ‘protest’ Blue Ribbon’s handling of probe

Justice Secretary Menardo Guevarra.
INQUIRER file photo / MARIANNE BERMUDEZ

MANILA, Philippines — President Rodrigo Duterte’s memorandum barring executive officials from attending a Senate probe is not intended to “defy” Congress’ power to conduct inquiries but to “protest” the manner in which the blue ribbon committee is conducting its ongoing inquiry.

This was according to Justice Secretary Menardo Guevarra, who was asked by Senate Minority Leader Franklin Drilon about the memorandum during the budget hearing of the Department of Justice (DOJ) in the Senate on Wednesday.

“From where I stand, I view the memorandum issued by the Office of the President not to defy the constitutional prerogative of the Congress to conduct legislative inquiries, precisely that was the reason why this memo zeroed in on a particular inquiry,” Guevarra told senators.

“To me, the objective or the essence of this memo is not to defy your authority or prerogative but to protest the manner in which the Senate blue ribbon committee hearings has been conducted during the past few weeks,” he added.

The Senate, particularly Senator Richard Gordon, has been at the receiving end of backlash from the President as the blue ribbon committee continues to look into the controversial purchases made by the government last year.

Earlier this week, Duterte formally prohibited his Cabinet secretaries and other executive officials from attending the Senate probe through a memorandum.

“I guess, it’s really a matter of probably entering into some mutually acceptable arrangements as to the manner and timing of the attendance of officials from the executive department,” Guevarra went on.

The DOJ chief further surmised that the memorandum was issued due to concerns over the “amount of time that is being spent or used up by Cabinet secretaries and their subordinate officials in the hearings of the Senate blue ribbon committee.”

“I am simply surmising that I believe that from the point of view of the executive, with nearly two months of hearing being conducted by the Senate blue ribbon, by now it would be quite clear already what aspects of legislation could be done,” he added.

“Is there any particular law that needs to be amended, a new law to be enacted or maybe some legal provisions that need to be repealed? So, the point of view, by this time, should be evident enough,” Guevarra said.

But Gordon, chairman of the blue ribbon committee, previously pointed out that the  panel is only conducting its hearings online, thus, allowing officials to stay in their offices or homes during the proceedings.

Further, Gordon had stressed that the committee only invites the heads of office for the Senate hearings. It is the office heads that bring in their subordinates, he said.

‘Stepping beyond original purpose’

Guevarra also said that the blue ribbon may have been “stepping beyond its original purpose.”

“The perspective is that the inquiry is quite stepping beyond the original purpose and probably dealing with things like criminal investigation that may properly be handled by the executive department itself through the department of justice or through the Office of the Ombudsman,” he said.

However, Drilon, a former justice secretary, pointed out that the mandate of the blue ribbon committee is to investigate misfeasance and malfeasance in the government.

The committee can also “make recommendations to the appropriate executive office as to the prosecution of certain acts which constitute in our view a violation of the anti-graft and corrupt practices law,” according to the senator.

Drilon then asked for a review of the memorandum.

In response, Guevarra expressed willingness to talk to Executive Secretary Salvador Medialdea regarding the senator’s call for review.

“I believe this is a two way thing. This is something that requires adjustment from both sides,” the DOJ secretary said.

JPV