‘The President, as he often reminds us, is a lawyer. He should have known this from the start, and no amount of bullying can distract from the fact that something fishy is afoot.’
FRIENDS, readers, and followers on social media have asked me lately: how bad can this clash get between the Senate and Malacañang? Those tuning in to the news know that the Senate Blue Ribbon Committee continues to hold its investigation on what Senate Minority Leader Franklin Drilon calls “premeditated plunder” in relation to the billions of pesos in procurement contracts awarded to one Pharmally Pharmaceuticals Corporation, through the Procurement Service of the Department of Budget and Management.
President Duterte seems to have taken it upon himself to personally lead the charge against the investigation itself, choosing to appear more frequently than usual to give the senators a piece of his mind. Most recently, he threatened senators with his usual “eye for an eye” style, hoping that the latter will back down and stop the investigation. Mr. Duterte already started slinging mud against Senators Gordon, Drilon, and Lacson, and thankfully the three have brushed off these tantrums to remain focused on the issue.
It’s true that it’s not the first time Senate and Malacañang have clashed over an important issue. While the House of Representatives is usually aligned with any sitting president, the Senate is a trickier chamber to navigate – some have referred to the Senate as “24 independent republics” as each senator is elected by a national mandate.
Remember that during the time of Former President Gloria Macapagal Arroyo, Executive Order 464 was issued precisely to prevent Arroyo’s Cabinet officials to appear before the Legislature without the Chief Executive’s express and written permission. It was spurred then by the “Hello Garci” investigations. GMA-era officials invoked EO 464 to excuse their absence from other legislative inquiries. The matter of EO 464 eventually reached the Supreme Court, which declared part of the contested issuance as unconstitutional, and upheld some provisions.
The Duterte administration, if so inclined, can provide legal cover for their officials if their continued attendance at the Senate hearings will prove to be too damaging. Whether such legal cover will hold (or the wisdom of doing so) is another issue, but the point remains that it is very possible that President Duterte can go beyond his bluster and bravado to try to put a stop to these hearings.
It is very clear that the Blue Ribbon is bent on seeing this investigation through, despite the personal attacks launched by the President and his generals. But, as they say, every man has his limit, and the Executive is in a position to find that limit and press on it. The reason why the Constitution sets out other branches of government as “separate and co-equal” is to bolster the system of checks and balances in government, to ensure that power is wielded within the manner prescribed. While many will ascribe political motive to the Senators and even doubt the timing of this effort, it cannot be denied that this is one of the fullest and most robust exercise of the check and balance power of the Legislature. The President, as he often reminds us, is a lawyer. He should have known this from the start, and no amount of bullying can distract from the fact that something fishy is afoot.
