THE Philippine Bar Association (PBA) has appealed to President Duterte to immediately recall his order barring members of the Executive Department from appearing before the Senate inquiry into pandemic fund procurements and his directive to the police and military to ignore the warrants of arrest that the Senate might issue in response.
Duterte’s twin directives, according to the PBA, are considered unconstitutional, as an order of this nature “upsets the systems of checks and balances and transgresses the doctrine of separation of powers” among the three coequal branches of the government.
“We appeal for President Duterte, a brother in the legal profession, to immediately recall his twin directives that in our view constitute clear violations of our Constitution,” the statement read.
The PBA is the oldest national organization of lawyers established in 1891.
The group also called on all politicians not to play with the Constitution just to advance their political agenda.
“We demand for all politicians not to trifle with our people’s Constitution in the political games they play. We humbly remind all our leaders, both elected and appointed, that they are all mere transients in power and that they are public servants, first and foremost — who hold office to be in the service of the Filipino people,” the group said.
Duterte earlier warned of a constitutional crisis after he accused Senator Richard Gordon, chairman of the Senate Blue Ribbon Committee, of using the investigation for his own political ambition.
He also accused Gordon of “playing God” after the latter issued the statement that the Blue Ribbon would continue his investigation “till kingdom come.”
On Monday, the President said he has already issued a memorandum disallowing Cabinet members from appearing in the Senate investigation into the government’s dealings with Pharmally Pharmaceutical Corp. involving alleged overpriced face shields.
At the Blue Ribbon’s hearing on Tuesday afternoon, several government agency heads were notably absent, prompting Sen. Kiko Pangilinan to remind them “we will still you at the budget hearings.”
Duterte also reiterated his challenge to the Senate to file criminal charges against Pharmally officials if they have evidence instead of prolonging the probe which he claims is disrupting the government’s Covid-19 response.
But, the PBA said, Duterte’s decision to prohibit Executive officials from attending the Senate probe would be a big blow to the people’s pursuit for public accountability.
“That the ongoing investigation focuses on alleged anomalies in the use of huge amounts of public funds, during a pandemic that has cost countless Filipino lives, makes the quest of public accountability of vital importance,” PBA explained.
“It is in these times of great need that we express our agreement with President Duterte that there should not be a ‘whiff of corruption’ in government, particularly in the use of our scarce resources to address our people’s pressing needs in these most challenging times. Let the ax fall where it may,” it added.
The Senate, PBA stressed, has “the power to enforce its own processes in accordance with the Rules of the Senate governing its legislative investigations which is recognized under our Constitution and settled jurisprudence.”
On the other hand, the PBA considered as “undue impairment of legislative prerogatives and violates the doctrine of separation of powers” the President’s order for the Armed Forces of the Philippines and the Philippine National Police to ignore warrants of arrest issued by the Senate in connection with its inquiry.
Instead of shielding the police and the military from partisan politics, the PBA said Duterte’s order “unjustifiably reduces them into political pawns used as shields against what is perceived as political attacks.”
“We should be mindful that an unlawful order invites disobedience and challenge,” the group added.
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