A Supreme Court ruling “clearly” showed that the Chief Executive could not stop his Cabinet officials from attending Senate investigations, Attorney Barry Gutierrez, Vice President Leni Robredo’s spokesman, said Sunday.
President Rodrigo Duterte had said he would issue a memorandum that would prohibit his Cabinet members from complying with Senator Richard Gordon’s summons to the Senate probe into the government’s COVID-19 supply procurement.
But Gutierrez contradicted Duterte’s directive, adding that the 2006 SC ruling of Senate vs Ermita showed that the Senate had the power to summon Cabinet members for investigation in aid of legislation. He said this also happened during former President Gloria Macapagal Arroyo’s time.
“Kinlaro ng Supreme Court na hindi puwedeng ipagbawal ng Presidente ang pagdalo sa imbestigasyon ng Senado o Kamara dahil bahagi ito sa kapangyarihan ng legislative branch in aid of legislation,” Gutierrez said in Robredo’s weekly radio program.
(The SC clarified that the President can’t bar anyone from attending a Senate or House probe because it is part of Congress’ power.)
“Ang tanging exception dito kung mag-i-invoke siya kung may personal or executive privilege at kung may kinalaman sa national security o diplomatic relations, iyong isyu na iyong kanyang i-assert as covered by executive privilege,” he added.
(The only exception is if personal or executive privilege was invoked and if the issue has something to do with national security or diplomatic relations.)
However, Gutierrez argued that it was unclear whether the matter the Senate was looking into involved national security or diplomatic relations. This meant there was no reason to bar executive department officials from attending the probe.
He also said that the Senate probe discovered an anomaly after one of the witnesses, Krizele Mago, said she believed that their company Pharmally Pharmaceutical Corporation had tampered with the expiry dates on supplies sold to the government.
“Ito ay pribadong kontrata sa isang supplier at lumalabas na may anomalya.. sa gitna ng pandemya may nagnanakaw. Inamin ng testigo na ‘diba siniswindle din nila ang gobyerno,” said Gutierrez.
(This is a private contract with a supplier that shows there is an anomaly. In the wake of the pandemic, there is corruption. The witness already said the government was being swindled.)
“Talagang may corruption na malinaw dito. Hindi dapat ito covered ng executive privilege. Nakakagulat ang ganoong dahilan,” he added.
(There is corruption here. It shouldn’t be covered by executive privilege. I am surprised by this argument.)
In his public address, Duterte also ordered the police and military from detaining those who would ignore Gordon’s subpoena.
But citing the SC ruling on Arnault vs Nazareno, Gutierrez said the Senate has the authority to arrest people if they refuse to respond to a summons. — DVM, GMA News
SC ruling shows President can’t bar Cabinet from attending Senate probe -VP spox
Source: Pinoy Hub News
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