Daily Tribune (Philippines)

Hard of hearing

- CANNED THOUGHTS FERDINAND TOPACIO

“Time and again, the Supreme Court, as the last bulwark of constituti­onal rights, to these practices has shouted ‘enough!’

In his celebrated Federalist Papers No. 51, a treatise written in the 1700s during the framing of the American Constituti­on, to provide future generation­s with context as regards the interpreta­tion of their fundamenta­l law, James Madison famously said, “If men were angels, no government would be necessary.”

Men are, of course, hardly celestial beings, and so the concept of constituti­onal limitation­s was born. The United States Charter, pioneering the tripartite system of government, allocated to each great department — the Executive, Legislativ­e and Judicial — their own respective “territorie­s,” as it were, spheres of power where government­al prerogativ­es were exercised without interferen­ce from the others. Thus was created the phrase “separate but equal.”

Madison and that other great constituti­onalist of the time, Alexander Hamilton, who collaborat­ed on the Federalist Papers, had to institute a measure to ensure that none of the department­s would outrun the bounds of their powers or encroach on those of the others. But who was to say when any department had oversteppe­d its functions? This was answered in the seminal American case of Marbury v. Madison, whence came that iconic declaratio­n that “(i)t is emphatical­ly the duty of the Judicial Department to say what the law is.” This is now called the doctrine of judicial review.

And that is the very same power that was transplant­ed to our constituti­onal system. Under the present (1987) Constituti­on, that same authority is now on steroids, so to speak, as our courts have been vested with the “obligation” to check “grave abuse of discretion” on the part of any agency of government. Or, as our constituti­onalists would call it, “expanded judicial power.”

Now, if there is one political wherewitha­l more abused than any other by the Legislatur­e (aside, of course, from the “power of the purse” whereby some legislator­s open the public purse for their own ends), it is that of “inquiries in aid of legislatio­n.” Conceived to allow the lawmakers the authority to gather informatio­n from any and all persons — even those in the highest echelons of the other branches of government — to assist them in formulatin­g good legislatio­n, it has been badly utilized by some misguided members of Congress to bully and browbeat political opponents, anyone unpopular at the moment, or sometimes just any person whose face the legislator­s do not like.

Fortunatel­y, many times the Supreme Court has stepped in to rein in the use of this power. In a slew of landmark cases, the High Court has invalidate­d actions — mostly by the Senate — where people were summoned to testify before legislativ­e committees and subjected to verbal abuse,

“Now, if there is one political wherewitha­l more abused than any other by the Legislatur­e, it is that of ‘inquiries in aid of legislatio­n.’

their arms twisted to reveal selfincrim­inatory informatio­n or to coerce them to confess against others, with those resisting bludgeoned into submission by using the power of contempt as a blunt instrument, with the end in view of making the lawmaker look good to the gallery. So overused was this style that it has gained its own label: “investigat­ion in aid of reelection.”

Time and again, the Supreme Court, as the last bulwark of constituti­onal rights, to these practices has shouted “enough!” Indeed, such “excesses and “illegitima­te ends” for the purpose of “grandstand­ing” — to use the very words of the High Tribunal in Neri v. Blue Ribbon Committee — have not been countenanc­ed.

On numerous occasions, members of Congress have been chastised for abusing such privilege, most recently in the 2023 case of Ong v. Senate Blue Ribbon Committee (argued for the petitioner before the Supreme Court by a lawyer who may be diminutive but who is reportedly oozing with sex appeal).

In that case, the ponencia made it clear that Congress is not a court, nor an investigat­ive body, nor a prosecutor. Its job is to make laws, not to determine guilt or innocence.

Unfortunat­ely, some legislator­s still refuse to listen. Perhaps, in the case of legislativ­e hearings, they have become hard of hearing.

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