
The Senate may force Cabinet officials to attend their investigations but President Rodrigo Duterte still has authority to bar his executive officials from appearing in these hearings, a former dean of the University of the Philippines College of Law said Sunday.
Former UP Law Dean and constitutional expert Pacifico Agabin said this as the President has the control over his executive department under the 1987 Constitution.
“Maski walang pandemya, palagay ko tama naman ang Presidente kasi sa ilalim ng Saligang Batas natin (Even as there is no pandemic, I think the President is correct because under the Constitution), the President shall have control of executive offices,” Agabin said on Dobol B TV.
“Gustong sabihin ng control, puwede niya mabawi o mag-decide sa opisyal ng executive kagaya ng Cabinet member. Kaya kung mayroon siyang control ng Cabinet member, puwedeng sabihin sa kanila huwag um-appear sa investigation committee ng Senado,” he added.
(When I say control, meaning he can decide for an executive official such as Cabinet members. Meaning he can compel them not to appear in the Senate investigation.)
In a recent Talk to the People, Duterte said he will formally issue a memorandum that will stop his Cabinet members from obeying Senator Richard Gordon’s summons to attend the Senate probe into the reported government procurement of allegedly overpriced COVID-19 pandemic supplies.
Duterte made the pronouncement because he wanted vaccine czar Carlito Galvez Jr. and Health Secretary Francisco Duque III to focus on pandemic response instead of attending the Senate probe into the controversial Pharmally Pharmaceutical Corporation supply delivery to the government.
At one point, Duterte said he will order the police and military not to arrest those who will ignore Gordon’s subpoena.
For Agabin, Duterte has the power over his military to do so.
“Hindi naman ma-e-enforce ng Senado ‘yung power nila kasi ‘yung Presidente, siya may hawak ng mga forces ng militar. E kung ayaw niya, talagang hindi ma-enforce ‘yung poder ng Senate investigation committee,” Agabin said.
(The Senate can’t enforce their power because the President has the military and if he does not want to, the Senate investigation’s authority won’t be enforced.)
“Wala namang (There’s no) balance of power between President and Senate,” he added.
In response to Duterte’s order, Senate President Vicente Sotto III said it was unnecessary while Senator Francis “Kiko” Pangilinan said the move was an attempt to cover up the issue.
The Senate blue ribbon committee is scrutinizing the government’s purchase of at least P8.6 billion worth of face masks, face shields, and PPEs from Pharmally Pharmaceutical Corporation. The supplies were allegedly overpriced. —KG, GMA News
0 Comments