Sotto expects SC will declare Duterte's gag order memo unconstitutional

Senate President Vicente Sotto III is expecting that the Supreme Court would declare as unconstitutional President Rodrigo Duterte’s ban on Cabinet officials to attend the Senate investigation into the alleged anomalous purchase of COVID-19 supplies.

He made the remark in an ANC interview on Tuesday as he cited the high court’s previous ruling on former President Gloria Macagal-Arroyo’s Executive Order 464 which was similar to Duterte’s gag order to his Cabinet men.

“EO 464 before was again, also I think was declared by the Supreme Court as unconstitutional, so we expect the same thing here,” Sotto said.

The Senate last Tuesday had adopted a resolution authorizing and directing the filing of an appropriate petition before the SC to assert the chamber’s power in inquiries in aid of legislation.

The resolution was authored by Sotto.

“I think he (Duterte) was irritated. He disliked what was happening. But as far as we’re concerned, we passed a resolution to that effect, and that is why I am representing the Senate together with the officers of the Senate, we are representing them in filing a petition for the SC to give their opinion… on whether that is correct or not, on whether that is constitutional or not,” Sotto said.

Previously, Senate Minority Leader Franklin Drilon and Senator Panfilo Lacson had mentioned the high court’s ruling on the EO 464.

Lacson said the SC ruled that Congress shall not be deprived of their power to legislate under the principle of separation of powers.

Last October 4, a memorandum signed by Executive Secretary Salvador Medialdea officially barred executive department officials and employees from attending the Senate investigation into the government's COVID-19 medical supply purchases.

The memorandum stated that the Senate probe had reached a point where the participation of individuals under the executive department had greatly affected the government's ability to fulfill its mandate amid the pandemic, echoing President Rodrigo Duterte's earlier pronouncements.

It also accused the Senate of overstepping its authority in its efforts to hold people accountable.

Senator Richard Gordon, chairman of the Senate blue ribbon committee, however said the move of Duterte to issue a memorandum directing executive department officials to ignore the Senate probe into the purchase of COVID-19 supplies was "unconstitutional."

Pharmally execs' arrest

Meanwhile, Sotto dismissed former presidential spokesperson Harry Roque Jr.’s remark, taking credit for the Office of the Senate Sergeant-at-Arms’ arrest of Pharmally Pharmaceutical Corporation executives Mohit and Twinkle Dargani last Sunday.

“Well, let him believe what he wants. Basta (what) I know is that the sergeant-at-arms, Gen. Rene Samonte (retired), used to be the head of the Philippine Air Force so he knows how to go about it,” Sotto said.

On Sunday afternoon, the Dargani siblings were arrested at the Davao International Airport. They were about to depart for Malaysia via a chartered plane despite having standing arrest warrants from the Senate.

Mohit sits as Pharmally’s corporate secretary and treasurer while Twinkle is the firm’s president.

The senators have been the subject of Duterte’s ire as they continue the Senate investigation into the government’s procurement of COVID-19 supplies in 2020.

The Senate blue ribbon committee is also looking into the Department of Budget and Management-Procurement Service's purchase of P8.6-billion worth of face masks, face shields, and PPEs from Pharmally Pharmaceutical Corporation, a firm that is being linked to former presidential economic adviser Michael Yang.

The company only had a P625,000 paid-up capital when it entered transactions with the government. —KG, GMA News