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Opinion

‘Motu proprio’

COMMONSENSE - Marichu A. Villanueva - The Philippine Star

It is thus considered as the most powerful body of Congress that can probe anything motu proprio. 

On the basis of motu proprio, (Latin for “on his own impulse”) only the Senate Blue Ribbon Committee is authorized and empowered to conduct “inquiry in aid of legislation,” newly elected Senate president Francis “Chiz” Escudero declared. This means the Senate Blue Ribbon Committee is the sole body that can act on matters without any Senate Resolution referred to it in plenary session, Escudero pointed out. 

This motu proprio authority of the Senate Blue Ribbon Committee also enables it to call for public hearings while sessions of both chambers of Congress are in recess, after adjournment, Escudero further cited. A veteran lawmaker, Escudero invoked the policy and tradition of the Senate that vested solely to the Senate Blue Ribbon Committee such motu proprio powers to handle all matters relating to malfeasance, misfeasance, and nonfeasance in office by officers and employees of the government, its branches, agencies, subdivisions and instrumentalities.

A lawyer by profession, Escudero reminded his colleagues about their own Senate Rules that vested this motu proprio powers of the Senate Committee on Accountability of Public Officers and Investigations, or the Senate Blue Ribbon Committee for short.

It is thus considered as the most powerful body of Congress that can probe anything motu proprio.  

Escudero designated Sen. Pia Cayetano, also a lawyer, to be the new Senate Blue Ribbon Committee chairperson vice Sen. Francis Tolentino who was sworn in to become the new Senate majority leader. These changes took place after the Escudero-led Senate coup ousted erstwhile Senate president Juan Miguel Zubiri last May 20, or a few days before second regular sessions of the 19th Congress adjourned sine die.

President Ferdinand “Bongbong” Marcos Jr. (PBBM) last week confirmed Escudero gave him heads up about their Senate coup. A former Senator himself, PBBM strongly took exceptions though to Zubiri’s accusations that he is the “powers-that-be” behind the ouster plot.

Earlier, Escudero questioned in particular the motu proprio inquiry done by the Senate committee on public order and dangerous drugs chaired by Senator Ronald “Bato” dela Rosa. The Senate inquiry was looking into the allegations by a self-confessed whistleblower Jonathan Morales on the supposed “leaks” of a report from the Philippine Drug Enforcement Agency  (PDEA) but which the agency completely disowned.

The “leaks” specifically identified PBBM as among those included in the “drug users” watchlist when he was still at the Senate. A visibly irate PBBM himself assailed Morales as a “professional liar” and likened him to a “jukebox” that plays any song for a fee. 

The Senate hearing on the PDEA “leaks” led Zubiri to believe it cost him the Senate presidency for not stopping the improper conduct of the inquiry. Dela Rosa was among the 15 Senators who signed the Senate Resolution declaring loss of confidence on Zubiri’s leadership of the Senate.  

 With his first six years of term soon ending, Dela Rosa could not be considered neophyte lawmaker. An ex-top cop, Dela Rosa, in fact, is up for re-election in the coming May 12, 2025 mid-term polls as a PDP-Laban Senate candidate. Escudero though retained Dela Rosa as chairman of the same committee. 

Actually, it was Escudero’s fellow veteran lawmaker, Sen. Jinggoy Estrada who first raised the issue of motu proprio investigation initiated by another Senate committee. Estrada questioned why the Senate committee on health immediately assumed jurisdiction and started public hearing just a day after his privilege speech denouncing the alleged “multi-level marketing” against Belle Kenz. The Senate inquiry proceeded merely based on claims of a self-proclaimed medical reform advocate doctor that went viral in social media. Estrada argued there is no official referral yet of the matter by the Senate in plenary sessions. 

The Senate committee on health is chaired by Sen. Christopher “Bong” Go, a fellow non-neophyte lawmaker of Dela Rosa from the PDP-Laban who is also up for re-election next year. After closed-door caucus, the Senators decided to refer to the Senate Blue Ribbon Committee as the primary lead committee to resume the Belle Kenz inquiry. At the first public hearing on Belle Kenz, government agencies got implicated for regulatory lapses.

Obviously, the Senate Rule on motu proprio investigation is being conveniently glossed over by the Senators themselves. 

Meanwhile, a motu proprio investigation is being sought from the party leadership of the Nationalist People’s Coalition (NPC) to expel controversial Mayor Alice Guo of Bamban, Tarlac. As one of the officials in the NPC National Advisory Board, Senator Sherwin Gatchalian asked their party leaders to initiate this expulsion process on Mayor Guo. She joined the NPC after winning the mayoral race in the last May 2022 local election in Bamban.

During the Kapihan sa Manila Bay forum last Wednesday, Sen. Gatchalian said their NPC party rules allow them to initiate motu proprio investigation against any partymate who may have committed acts inimical not only to the party but most especially to the country’s interests. “Definitely, because the most important is that our member should be in good standing and of good moral conduct, and legitimate Filipino, of course,” Gatchalian added.

 Mayor Guo’s alleged links with the criminal activities of a Chinese company-owned Philippine Offshore Gaming Operator (POGO) came out from the joint Senate committees’ inquiry. It was based on five Senate Resolutions, three of which were filed one after the other in 2023 and this year by Gatchalian as the chairman of the Senate committee on ways and means. 

NPC chairman and former Senate president Vicente “Tito” Sotto III earlier instructed Tarlac Gov. Susan Yap as the highest elected local official of the NPC to conduct “internal investigations” on the allegations. It was after the Senate unearthed the suspicious entries on Mayor Guo’s birth certificate and other official documents that allegedly connected her with the illegal activities of the POGO entity operating at her own municipal backyard.  

 Gov. Yap cited Tarlac has an existing local ordinance banning POGOs. Then, Gatchalian pointed out, the provincial government has a motu proprio power to investigate also Mayor Guo. 

For now, the Senators will resume this Wednesday their inquiry into Mayor Guo’s POGO links behind closed doors with national security government agencies.

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