Case Summary (G.R. No. 257608)
Petitioner
The Senate of the Philippines, through its President, Pro Tempore, Majority and Minority Floor Leaders, and the Chairperson of the Senate Committee on Accountability of Public Officers and Investigations, in their official and individual capacities.
Respondents
Executive Secretary Salvador C. Medialdea and Secretary of Health Francisco T. Duque III, represented by the Office of the Solicitor General.
Key Dates
– COA 2020 Audit Report: noted ₱67.3 billion deficiency in COVID-19 funds
– Memorandum from Executive Secretary Medialdea: October 4, 2021
– Senate Resolution authorizing Supreme Court petition: November 9, 2021
– Supreme Court decision: July 5, 2022
Applicable Law
– 1987 Constitution, Article VI, Section 21 (legislative inquiries in aid of legislation) and Section 22 (oversight functions)
– Senate Rules of Procedure Governing Inquiries in Aid of Legislation, Section 3 (jurisdictional challenge)
– Rules of Court, Rule 65 (writ of certiorari)
Antecedents
The COA reported major deficiencies in DOH’s use of emergency appropriations for pandemic response. The Senate Blue Ribbon Committee and other Senate committees conducted hearings into DOH budget utilization, vaccine procurement, PPE purchases, and PhilHealth-private hospital payment claims.
Issuance of the Executive Memorandum
President Duterte, through Executive Secretary Medialdea, directed all Executive Department officials to cease attendance at Senate Blue Ribbon Committee hearings. The Memorandum invoked separation of powers and the alleged shift of the hearings from legislative inquiry to fact-finding for criminal accountability, and emphasized the Executive’s focus on health-care mandates amid the pandemic.
Senate Petition for Certiorari and Prohibition
The Senate petitioned the Supreme Court to nullify the Memorandum, compel executive attendance at hearings, and restrain the Executive from issuing or enforcing directives obstructing the Senate’s inquiries.
Respondents’ Arguments
- No actual case or controversy exists; hearings were oversight under Section 22, not legislative inquiries under Section 21.
- The Senate lacked jurisdiction; a joint oversight committee under the Bayanihan Acts held exclusive investigative authority.
- The petition is moot and interlocutory as legislative action and committee reports have already been issued.
- The President’s Memorandum is a valid exercise of control and emergency powers and does not violate any rights of officials or the public.
- Political-question doctrine bars judicial review of such executive prerogatives.
- The proper remedy, if any, lies in the Regional Trial Court.
Supreme Court Ruling
The Court dismissed the petition and denied the application for a preliminary injunction, finding the petition premature.
Legal Reasoning
– A Rule 65 certiorari petition requires that no other plain, speedy, and adequate reme
Case Syllabus (G.R. No. 257608)
Antecedents
- The Covid-19 pandemic halted commerce, prompting Congress to appropriate unprecedented funds for health response.
- The Department of Health received ₱77 billion for the health crisis, including ₱37 billion for Personal Protective Equipment procurement.
- The 2020 Commission on Audit report noted a ₱67,323,186,570.57 deficiency in Covid-19 funds, triggering Senate Blue Ribbon Committee (SBRC) hearings.
- Multiple Senate Resolutions (No. 858 on vaccine procurement, No. 859 on unspent funds and irregularities, No. 880 on PhilHealth–private hospital claims) guided the inquiries in aid of legislation.
- The SBRC addressed underutilization of DOH’s budget, vaccine procurement processes, unspent funds and irregularities, and PhilHealth payment disputes.
The Subject Memorandum
- Dated October 4, 2021, issued by President Rodrigo R. Duterte through Executive Secretary Salvador C. Medialdea.
- Prohibited all Executive Department officials and employees from appearing at SBRC hearings on the 2020 COA report.
- Justified by alleged interference with executive core mandates, risks to the people’s right to health, and claim that hearings had become preliminary investigations rather than legislative inquiries.
- Directed executives to focus solely on pandemic response and reminded them of constitutional duties, integrity, and efficiency.
Immediate Effects
- Executive invitees to SBRC hearings, including Health Secretary Francisco T. Duque III, ceased attendance, citing the Memorandum.
- Secretary Duque’s October 5, 2021 letter to SBRC expressed regrets, reaffirmed cooperation via document submission, and appended the Memorandum.
- The Senate adopted Resolution No. 131 (November 9, 2021) authorizing a Supreme Court petition to assert its inquiry powers under Article VI, Section 21 of the Constitution.
Petition and Reliefs Sought
- Petition for certiorari and prohibition directly filed with the Supreme Court, seeking to:
- Declare the October 4, 2021 Memorandum unconstitutional.
- Compel attendance of Executive Departme