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Bengzon V Senate Blue Ribbon Digest

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By virtue of a privilege speech made by Sen.

Ensile urging the Senate to look into the


transactions, an investigation was conducted by the Senate Blue-ribbon Committee. Petitioners
and Ricardo Lopa were subpoenaed by the Committee to appear before it and testify on "what
they know" regarding the alleged acquisition of the Lopa Group of the properties of Benjamin
Kokoy Romualdez which is a subject of sequestration by the PCGG and citing probable
violations of Republic Act No. 3019 Anti-Graft and Corrupt Practices Act, Section 5.
Ricardo A. Lopa declined to testify on the ground that his testimony may "unduly prejudice"
the defendants in Civil Case No. 0035 before the Sandiganbayan. Petitioner Jose F.S. Bengzon,
Jr. likewise refused to testify involving his constitutional right to due process, and averring that
the publicity generated by respondents Committee's inquiry could adversely affect his rights as
well as those of the other petitioners who are his co-defendants in Civil Case No. 0035 before
the Sandiganbayan.
Claiming that the Senate Blue Ribbon Committee is poised to subpoena them and required
their attendance and testimony in proceedings before the Committee, in excess of its jurisdiction
and legislative purpose, in clear and blatant disregard of their constitutional rights, and to their
grave and irreparable damages, prejudice and injury, and that there is no appeal nor any other
plain, speedy and adequate remedy in the ordinary course of law, the petitioners filed the
present petition for prohibition with a prayer for temporary restraining order and/or injunctive
relief.

ISSUE: W/N the Blue Ribbon inquiry was in aid of legislation


NO.
1. There appears to be no intended legislation involved. The purpose of the inquiry to be
conducted is not related to a purpose within the jurisdiction of Congress, it was conducted to
find out whether or not the relatives of President Aquino, particularly Mr. Lopa had violated RA
3019 in connection with the alleged sale of the 36 or 39 corporations belonging to Benjamin
Kokoy" Romualdez to the Lopa Group.
2. The power of both houses of Congress to conduct inquiries in aid of legislation is not absolute
or unlimited. Its exercise is circumscribed by the Constitution. As provided therein, the
investigation must be "in aid of legislation in accordance with its duly published rules of
procedure" and that the rights of persons appearing in or affected by such inquiries shall be
respected." It follows then that the rights of persons under the Bill of Rights must be respected,
including the right to due process and the right not to be compelled to testify against one's self.
3. The civil case was already filed in the Sandiganbayan and for the Committee to probe and
inquire into the same justiciable controversy would be an encroachment into the exclusive
domain of judicial jurisdiction that had already earlier set in. The issue sought to be investigated
has already been pre-empted by the Sandiganbayan. To allow the inquiry to continue would not
only pose the possibility of conflicting judgments between the legislative committee and a
judicial tribunal.

4. Finally, a congressional committees right to inquire is subject to all relevant limitations placed
by the Constitution on governmental action including the relevant limitations of the Bill of Rights.
One of these rights is the right of an individual to against self-incrimination. The right to remain
silent is extended to respondents in administrative investigations but only if it partakes of the
nature of a criminal proceeding or analogous to a criminal proceeding. Hence, the petitioners
may not be compelled by respondent Committee to appear, testify and produce evidence before
it only because the inquiry is not in aid of legislation and if pursued would be violate of the
principle of separation of powers between the legislative and the judicial departments of the
government as ordained by the Constitution.

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