Diokno says Duterte must respect Senate inquiries in aid of legislation; Issue may be brought to court

If President Duterte would insist on barring his Cabinet members from attending Senate inquiries, the issue can be elevated to the court, Human rights lawyer Jose Manuel “Chel” Diokno said on Wednesday.

“Alam naman natin sa nangyayari ngayon we will have to bring that to court if ever itutuloy ni Pangulo yung sinabi niya,” Diokno said in an interview on Politiko’s Politiskoop.

Diokno said President Duterte’s decision to restrict Cabinet appearances in Senate inquiries was similar to the time of former President Gloria Macapagal-Arroyo during a Senate inquiry on the North Rail Project.

Penned by former Supreme Court Associate Justice and Ombudsman Conchita Carpio-Morales, Diokno said that it was written in the decision that if the subpoena is in aid of legislation, he should not be disallowing his Cabinet members to attend the hearing.

“Kung titingnan natin yung tinatawag na dispositive portion, yung bandang dulo ng decision ang sabi ng Court doon ay valid ang Section 1. Section 1 ay doon nakalagay na kung kayo ay Cabinet Secretary or Department Head kailangan may consent ang Pangulo,” he said.

“But she [Carpio-Morales] made a distinction, sabi niya if inquiry is made in aid of legislation then that cannot apply, they must respect the subpoena of the Senate,” he added.

Diokno said that in the dispositive portion, Section 1 is valid but Carpio-Morales made a distinction.

“Kung question hour yan sa Congress ay pwede invoke ni Pangulo yung Section 1,” he mentioned.

Duterte said on Tuesday that Cabinet members would have to secure a clearance from him first as a requirement, and that he will “limit” what the chamber can conduct if he deems that there is “abuse of authority.”

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Source: Latest Politics News Today (Politics.com.ph)