THE Supreme Court has directed Malacañang to comment on the petition filed by lawmakers, led by Senate President Vicente Sotto III, seeking to declare as null and void for being unconstitutional the Palace memorandum barring officials and employees of the Executive branch from appearing in hearings in aid of legislation conducted by the Senate Blue Ribbon Committee.
The memorandum was issued by Executive Secretary Salvador Medialdea upon the directive of President Duterte, who has repeatedly attacked senators, led by Blue Ribbon chairman Richard J. Gordon, for what he deems a useless prolonging of their inquiry into alleged misuse of billions of pesos for pandemic supplies.
SC spokesman Brian Keith Hosaka said the Court issued the order during its regular en banc session last Tuesday.
“I’m confirming that respondents [Palace officials] were required to file their comments on the petition and plea for TRO [temporary restraining order] within a non-extendible period of 30 days from receipt of the resolution,” Hosaka said.
“The filing and service of said comment through personal service,” he added.
Aside from Medialdea, also named respondent in the petition was Health Secretary Francisco Duque III.
Senate President Pro Tempore Ralph Recto, Majority Floor Leader Juan Miguel Zubiri, Minority Leader Franklin Drilon and Blue Ribbon chairman Gordon joined in the petition.
The Senate is asking the Court to issue a TRO and/or a status quo ante order that would compel Executive department’s officials to attend the ongoing SBRC’s hearing on the 2020 Commission on Audit report on the alleged questionable procurement of medical supplies for the Covid-19 pandemic.
The petitioner is also asking the Court to prohibit Medialdea and other officers of the Executive branch from issuing and implementing directives to law enforcement agencies, such as the Philippine National Police and the National Bureau of Investigation, that would obstruct the proceedings of the Senate and withhold assistance in the enforcement of the Senate’s compulsory processes.
The Senate is also asking the Court to prevent Duque and other government officials from complying with the memorandum, issued on October 4, 2021.
The Senate argued before the Court that the memorandum is unconstitutional because it was issued in defiance of the Court’s ruling in Senate v. Ermita, which invalidated Executive Order 464 issued during the term of former President Gloria Macapagal-Arroyo requiring officials to secure the President’s consent before attending legislative inquiries in aid of legislation.
The Senate also said the memorandum, if not declared unconstitutional, would weaken rule of law as it undermines the implementation of writs, processes, and warrants.