Gordon says Duterte's memo ordering executive officials to ignore Senate probe 'unconstitutional'

Senator Richard Gordon, chairman of the Blue Ribbon committee, on Tuesday said the move of President Rodrigo Duterte to issue a memorandum directing Executive department officials to ignore the Senate probe into the purchase of COVID-19 supplies was "unconstitutional."

"'Yung in-issue mong memo (The memorandum you issued) is totally unconstitutional. You are violating the Constitution," Gordon said during the resumption of the Senate panel's inquiry into the issue.

"Walang issue ng (There's no issue of) national security, executive privilege, and diplomatic discussions as mentioned in the case of Senate vs. Ermita," he added.

During the inquiry, Senator Panfilo Lacson joked that the President's latest memorandum was "Gordon specific."

"Not all Blue Ribbon committee hearings, this particular Senate blue ribbon committee hearings we are conducting. So this is Gordon-specific," Lacson said.

Senator Franklin Drilon said the memorandum has "all the red flags of unconstitutionality."

"It only covers the Senate, it only covers the Blue Ribbon, it does not cover other Blue Ribbon hearings but only this particular Blue Ribbon hearing. This is really... I cannot see other memorandum as blatantly unconstitutional as what we have before us," Drilon said.

Health Secretary Francisco Duque III and other health officials were not present during the Tuesday hearing.

Only the representatives from the Commission on Audit, Civil Service Commission, Bureau of Internal Revenue, and Bureau of Customs attended the probe.

The memorandum stated that all officials and employees of the executive department must focus their time and effort on the implementation of measures to address the current state of calamity on account of COVID-19, and in carrying out their functions.

It said the Senate panel has stepped into the mandates of other branches of the government, and has deprived itself of the only basis to compel attendance to its hearings.

"It has become evident that the said hearings are conducted not in aid of legislation, but to identify persons to hold accountable for alleged irregularities already punishable under existing laws," the memorandum read.

During his public address Monday, Duterte disclosed that he already signed the memorandum directing the officials to ignore the Senate investigation.

Duterte instead said the Senate should file cases against officials of Pharmally Pharmaceutical Corporation over the alleged overpriced COVID-19 supplies.

The President insisted that the Senate is "not a criminal court" and should not be used for a "witch hunt."—AOL/RSJ, GMA News