Supreme Court junks Senate suit vs Malacanang memo for execs to skip Senate hearings.

THE Supreme Court (SC) junked the petition filed by the Senate in 2021 seeking to declare as null void for being unconstitutional the memorandum issued by then President Rodrigo Duterte, barring officials and employees of the Executive branch from appearing before the Senate Blue Ribbon Committee's (SBRC) probe into alleged anomalies in the disbursement of P67.3-billion Covid-19 funds.

In a 21-page decision penned by Associate Justice Amy Lazaro-Javier, the Court en banc held that it 'is constrained to dismiss the petition for having been prematurely filed.'

The Court explained that the assailed memorandum issued by Duterte raised jurisdictional challenge, whether the subject inquiry of the SBRC properly falls within its jurisdiction or within the jurisdiction of the Joint Congressional Oversight Committee (JCOC) created under the Bayanihan Acts, which should have been resolved first by the Senate before seeking relief from the SC.

'Notably, the forum to address such jurisdictional claim is the Senate and its committees themselves. This recognition is meant to accord the highest respect for the Senate's own Rules of Procedure Governing Inquiries in Aid of Legislation,' the SC declared.

The SC noted that Section 3 of Senate Rules states: 'If the jurisdiction of the Committee is challenged on any ground, the said issue must first be resolved by the Committee before proceeding with the inquiry.'

Ruling on the petition filed by the Senate, according to the Court, would violate the principle of separation of powers between the...