Lacson: Bringing Duterte’s gag order on Cabinet execs to SC “right thing to do”

Questioning President Rodrigo Duterte’s order barring Cabinet officials to attend the Senate probe into the alleged overpriced COVID-19 supplies before the Supreme Court is the “right thing to do,” Senator Panfilo Lacson said.

The senator made the remark as he called Duterte’s memorandum “even worse” than what former President Gloria Macapagal-Arroyo has issued in 2006.

“That is the right thing to do as far as the Senate is concerned. Section 21, Article VI of the 1987 Constitution couldn’t be any clearer,” Lacson told GMA News Online when asked if the Senate has plans to bring the issue to the high court.

Article VI, Section 21 of the 1987 Constitution states that “[t]he Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected.”

“This issue was interpreted by the Supreme Court when then-PGMA issued [Executive Order] 464 banning her cabinet members and military officers from attending Senate inquiries in aid of legislation which maintains that the Congress shall not be deprived of their power to legislate under the principle of separation of powers,” Lacson said.

“The present memo issued by PRRD is even worse than what GMA issued in 2006 which the Supreme Court struck down in part for being unconstitutional,” he noted.

Last week, Senate blue ribbon committee chairman Richard Gordon was reported as saying the Senate will challenge Duterte’s gag order to his Cabinet men before the SC.

In his latest public address aired Monday night, Duterte welcomed the senator’s plan, saying the lawmakers have finally “seen the light.”

“This is by far the most decent thing the committee has done and we are most eager to answer whatever questions you have regarding my not allowing officials of the executive to attend your hearings that are for legislative purposes," he added.

The October 4 memorandum which was signed by Executive Secretary Salvador Medialdea stated that the Senate probe had reached a point where the participation of Cabinet officials greatly affected the government's ability to fulfill its mandate amid the pandemic, echoing President Duterte's earlier pronouncements.

The memorandum accused the Senate of overstepping its authority in its efforts to hold people accountable.

Senate blue ribbon committee chairman Richard Gordon called the memorandum “unconstitutional” given that there were no issues of "national security, executive privilege, and diplomatic discussions as mentioned in the case of Senate vs. Ermita."

Minority Leader Franklin Drilon likewise raised the possibility of challenging the memorandum before the high court, saying it has red flags of unconstitutionality.

The Senate panel is set to continue its investigation on Thursday.—LDF, GMA News