MANILA, Philippines — The Senate’s legal team is currently evaluating the proposed subpoena for resource persons from the Senate foreign relations committee, following the cabinet members’ claim of executive privilege.
Senate President Francis “Chiz” Escudero stated that this review aims to prevent any potential constitutional conflict.
In a press briefing on Thursday, Escudero explained that he had already signed a subpoena to summon Prosecutor General Richard Fadullon and an unnamed Philippine Air Force general to attend the upcoming hearing on former President Rodrigo Duterte’s arrest. This was done at the request of Senator Imee Marcos, who chairs the Senate committee on foreign relations.
Escudero mentioned that after the Palace rejected the invitation to the executive branch officials, citing executive privilege, he decided to refer the matter to the Senate’s legal department instead of the Office of the Sergeant-at-Arms.
“Although at that time, I had already signed the subpoena for those two requests by Sen. Imee,” Escudero recalled.
He continued, “So, instead of sending it to the OSAA, I sent my signed subpoena to the Senate legal team to analyze the implications of invoking executive privilege concerning the subpoenas I signed.”
Escudero emphasized, “The last thing I want, amidst the current turmoil in our country, is to add another issue by triggering a constitutional crisis, related to subpoenas on one hand, and the invocation of executive privilege on the other.”
He concluded, “That’s why, even though I am a lawyer, I decided to refer it to our legal department for proper recommendations.”
Executive Secretary Lucas Bersamin confirmed that the Palace had chosen to “respectfully decline” the Senate panel’s invitation for April 3, citing executive privilege and the sub judice rule.
This decision, however, was met with dissatisfaction by Senator Marcos, who appealed to the Palace for reconsideration, requesting that the invited cabinet members be allowed to attend the hearing.
In a letter dated April 1, Marcos expressed that the justifications given by Bersamin were insufficient to prevent the executive officials from attending the proceedings.
