COVER-UP? | Duterte must assist, not obstruct, Senate probe on COVID-19 supplies, say lawyers

October 6, 2021 , 01:37 PM

By Beatrice Puente

(October 6, 2021) – Lawyers have spoken.

President Rodrigo Duterte’s order barring his Cabinet officials from attending Senate inquiries into the anomalous procurement of COVID-19 supplies is unconstitutional.

Close to 200 alumni of the University of the Philippines (UP) College of Law criticized Duterte for challenging the independence of a co-equal branch of government, adding senators must be able to freely perform their legislative functions without receiving threats from the iron-fisted leader.

Retired Supreme Court Senior Associate Justice Antonio Carpio and former Associate Justice and Ombudsman Conchita Carpio-Morales, staunch critics of the Duterte administration, are among the key figures who signed the statement.

“Duterte’s directive has created an unnecessary constitutional crisis in the middle of a pandemic. The president must respect the constitutional exercise of power by a co-equal branch,” read the statement. “If the president has nothing to hide, there is no reason for him to stop the investigation.”

Executive secretary Salvador Medialdea signed a memorandum directing fellow Cabinet members to refrain from attending the Senate inquiries. It came weeks after Duterte issued threats against senators digging into the dubious deals involving the government and Pharmally Pharmaceutical Corporation.

Duterte’s spokesperson Harry Roque defended the directive despite the sentiments of legal luminaries, stressing the need for “mutual respect” between government branches.

A Supreme Court ruling in 2006, however, clearly stated that the executive branch cannot trample on the powers of the legislative branch.

The Integrated Bar of the Philippines (IBP) urged Duterte to take back the unconstitutional order, reminding him that the government must work together to combat anomalies.

“It is imperative for our government to fight corruption, wherever it maybe, and to assist, rather than obstruct, any investigation that seeks to identify the root of corruption and the perpetrators behind them,” said the IBP in a statement.

Duterte’s allies used the memorandum as justification to skip the Senate hearing yesterday, sparking the ire of senators. Sen. Richard Gordon, who heads the investigation, stressed there could be a “cover-up.”

Karapatan, a human rights organization, echoed Gordon’s opinion in light of Duterte’s repeated defense of his officials who transacted with Pharmally Pharmaceutical Corporation.

The small firm, which is linked to Duterte’s former economic adviser Michael Yang, bagged P11.7 billion worth of deals to supply the government with face masks, face shields, and test kits.

“Any issue involving the use of people’s funds—especially amid this crisis—is a matter of public interest. Stifling investigations into these issues infringes upon the public’s right to know,” said Karapatan secretary general Cristina Palabay.

Duterte has been taking advantage of his weekly public address to criticize “disrespectful” senators for grilling his cohorts. In contrast, Duterte has repeatedly praised the House of Representatives for its hearings which are skewed in favor of the administration.

Notably, the memorandum did not cover the House of Representatives, meaning Cabinet officials can still attend the last few inquires in the lower chamber.

(PM)

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