Court trashes bid to void Duterte 'gag order'
THE Supreme Court has dismissed the petition of the Senate blue ribbon committee (SBRC) challenging the legality of the memorandum issued by former president Rodrigo Duterte which prohibited members of the executive department from attending the SBRC probe on the government's procurement of Covid-19 supplies.
The petition for certiorari and prohibition was filed by the Senate, represented by former Senate president Vicente Sotto 3rd and past blue ribbon panel chairman Richard Gordon, among other senators.
It sought to nullify the memorandum, dated Oct. 4, 2021, issued by Duterte, through then-executive secretary Salvador Medialdia.
The memorandum stopped members of the Duterte Cabinet and officials of the executive department from participating in the SBRC hearing on the 2020 Commission on Audit Report related to the disbursement of government funds for Covid-19 response.
Likewise, the memorandum asserted that the SBRC inquiry has turned into a preliminary investigation of sorts meant to identify the persons allegedly liable for irregularities that existing statutes already defined and punished.
Thus, the memorandum claimed that the SBRC has stepped into the mandates of other branches of government.
In denying the Senate's petition, the curt found that it failed to meet the requisites for a petition for certiorari to prosper as provided in Rule 65, Section 1 of the Rules of Court.
Under the Rules of Court, it is required that the writ is directed against a tribunal, board or officer exercising judicial or quasi-judicial functions; such tribunal, board or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and there is no appeal, or any plain, speedy and adequate remedy in the course of law.
The court said the Senate's petitions «failed to meet the third requisite» as the SBRC itself has a remedy within its office to resolve the jurisdictional challenge raised by the president in the memorandum.
It pointed out that if the jurisdiction of the committee is challenged on any ground, the said issue must first be resolved by the committee before proceeding with any inquiry.
«Undeniably,
