Investigations in aid of legislation

The whole country, these last few months, has been glued to the TV sets to listen to and see the investigations led by senators Riza Hontiveros and Win Gatchalian in the Senate, roasting Alice Guo,Sheila Guo and Cassandra Li Ong, as well as Harry Roque and many public officials, who were totally clueless that an ousted mayor under investigation, left the country right in the tips of the noses of immigration, coast guard, navy and airport officials.

The whole nation is likewise focused on the televised House investigations led by four crusading congressmen in the House's quad committees, namely Congressmen Ace Barbers of Surigao, Dan Fernandez of Laguna, Benny Abante of Manila and party list Joseph Stephen Paduano, as they expose the truths about alleged killings of Chinese detention prisoners in Davao and other shenanigans by suspected rascals, scoundrels and scalawags. The people are listening with bated breaths as congressmen interrogate prison, police and drug agency officials about the alleged use of excessive power in the arrest or surrender of Pastor Apollo Quiboloy. and other police operations.

In various colleges of law, we professors and law students are debating on the legality of investigations in aid of legislation, and the propriety of the unprecedented numbers of resource persons being declared in contempt and being detained. All these queries were answered by the Supreme Court on March 28, 2023 in the case filed by President Rodrigo Duterte's friends, Mr. Lincoln Uy Ong, Director of the controversial Pharmally Pharma and Michael Yang, Chinese national who obtained permanent residence status and was close to the former president.

They did not want to disclose important information about their businesses in connection with the DOH acquisition of Covid-related supplies and equipment. This is now subject to a graft case before the court.  These two Chinese sued the Senate seeking to be excused from answering very sensitive questions in the investigations conducted by the Blue Ribbon Committee led by then senator Dick Gordon. In the case, GR no 257401, Lincoln Uy Ong vs The Senate and Michael Yang vs. Senate Committee on Accountabilities of Public Officers. In this case. The Supreme Court reiterated that indeed the Senate has the power to conduct investigations in aid of legislation.

The Supreme Court decision signed by all the 15 justices was written by a young magistrate from Davao, Justice Jean Paul Inting, a graduate of the Ateneo de Davao University, and younger brother of Comelec Commissioner Soccorro Inting. Both siblings, by the way, were appointed by President Duterte. In that case, Justice Inting wrote: "Time and again, the Court has affirmed the power of the Legislature to conduct investigations. The Legislature's power of inquiry, being broad, encompasses everything that concerns the administration of existing laws as well as proposed or possibly needed statutes."

The Davao Justice, writing for the highest court of the land, declared that, while it was only implied in the 1935 Constitution, this legislative power is explicit in both the 1973 and 1987 Constitution. Section 21, Article VI of our fundamental law provides: " The Senate and the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with duly published rules of procedure. The rights of persons appearing in or affected by such inquiries shall be respected."

Therefore, neither Alice Guo, nor Apollo Quiboloy nor Harry Roque could successfully question the power of both the Senate and the House to issue subpoena ad testificandum for them to testify or duces tecum for them to produce documents. Not one of them and their famous lawyers could overturn the powers of both Houses to declare them in contempt if they try to derail, impede, delay, insult or frustrate the congressional powers to conduct investigations in aid of legislation.

This is as simple and straightforward as that. You do not have to be an Oliver Wendel Holmes or a Claro M Recto to understand that simple piece of truth.