Lawyers’ group: Duterte’s order on Senate probe unconstitutional

An organization of lawyers on Tuesday criticized President Rodrigo Duterte’s latest directives that were allegedly meant to undermine the Senate investigation into the alleged irregularities in the use of pandemic funds.

In a statement, the Philippine Bar Association (PBA) said Duterte’s order for government officials to ignore summons issued by the Senate “upsets our system of checks and balances” and “transgresses the doctrine of separation of powers” among the three branches of government.

“The directive is detrimental to our people exacting public accountability from officials of the Executive department, through our duly elected representatives in the Senate Blue Ribbon committee exercising their constitutional power of legislative oversight,” the PBA said.

“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,” it added.

The PBA also said Duterte’s directive for members of the Armed Forces of the Philippines and the Philippine National Police to ignore arrest warrants was an “undue impairment of legislative prerogatives” and violated the doctrine of separation of powers.

“The Senate 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,” the PBA said.

“Instead of upholding professionalism in the ranks of our military, police and the rest of the uniformed services by shielding them from partisan politics, the directive unjustifiably reduces them into political pawns used as shields against what is perceived as political attacks.”

The lawyers urged Duterte to “immediately recall” his orders, which according to them “constitute clear violations of our Constitution.”

“We demand for all politicians not to trifle with our people’s Constitution in the political games they play,” the group said.

The Senate Blue Ribbon committee is looking into the Department of Health’s transfer of the P42 billion-fund to the Procurement Service of the Department of Budget and Management for the purchase of medical supplies at the onset of the COVID-19 pandemic last year.

Duterte on Monday told senators to stop using the investigation as a “witch hunt in aid of election” and dared them to file cases against the officials of Pharmally Pharmaceutical Corporation if they have enough evidence to prove that the company delivered overpriced goods to the government.

The President said he was not defending Pharmally, even as he does not want Cabinet officials caught up in the hearings as they also have to attend to COVID-19 matters. — VBL, GMA News