Gordon assails Duterte gag order on Cabinet as act of inciting to sedition


President Duterte maybe guilty of inciting to sedition for his plan to prohibit his Cabinet members from attending Senate committee hearings.

Senator Richard J. Gordon, chairman of the Senate Blue Ribbon committee, issued this statement after presenting his side to attacks made against him by President Duterte in his now bi-weekly public address on various issues.

These include the continued appearance of Health Secretary Francisco Duque in Gordon’s hybrid public hearings and a long list of resource speakers on the Procurement Service-Department of Budget and Management (PS-DBM) ‘’scandal’’, Gordon’s supposed political ambitions and former Duterte’s economic adviser, Michael Yang, who was pictured as capital lender to Pharmally Pharmaceutical Corporation and as having alleged connection to the illegal drug trade.

‘’I will limit what you can do with the Executive Department,’’ Duterte in addressing senators conducting hearings on his COVID-19 responses that involves tens of billions of pesos.

Gordon cited a Supreme Court decision of Executive Order 464 of then President Gloria Macapagal Arroyo that directs Cabinet officials to get her permission to attend congressional hearings.

He said that this decision ‘’clearly delineates the matters of confidentiality on matters that is vital to national interest that includes national security, within the military, diplomatic secrets, and documents between the President and her Cabinet, and vital officials.’’

‘’Hindi naman kasama dito yun e (That is not included in the decision). Hindi naman total yan (It is not total). Again, he’s skirting sedition, although I think that’s the cover para sabihin na hindi (so that it cannot be told that it is) sedition for the Cabinet not to attend,’’ he pointed out.

‘’Kasi (because) you are restraining legislative, co-equal branch of government from performing its work and telling them don’t attend, that’s sedition, I mean, incitement to sedition yan,’’ he added.

Asked what would he do if that happens, Gordon replied: ‘’Well, I’m not going to telegraph what I’m going to do but obviously any lawyer can tell you anybody can go to the Supreme Court and say ‘this is beyond the purview of what that was stated in the case in the Supreme Court, 464, I think that was Secretary Ermita...’’

Gordon emphasized that the President ‘’is fouling up the atmosphere of free debate, of you know, he’s been trying so hard to distract the committee. That’s why di ako sumasagot (sa (that is why I did not answer on the case of) Red Cross, we agreed in the Red Cross na di na ako sasagot dun, dahil kaya nyo naman sagutin yan, bakit ako pa (I will not answer back, you can answer it?).

‘’So when he threatens that, tumatawa na lang ako (I only laugh) to you know, I don’t think I’m going to allow him to succeed to drag me into controversy with him,’’ he added.

Gordon said people are now put off by the President’s regular program ‘’because of his hysterics.... And I’m really praying for the country.... Nakakaawa naman itong bayan natin (Pity our country),’’

On President Duterte’s statement that he would campaign against him, Gordon said: ‘’That is the privilege of every citizen of this country. But I am flattered that he gives me special attention. In the first place, I’ve not announced that I’m running for what. He’s accused me of running for president, vice president—I’ve not announced.’’

‘’And who’s running now, hindi ba siya (Isn’t he running)? We’re in a ridiculous situation where the President for the first time in history is running for vice president. That’s ridiculous. That’s really trying to circumvent the law. And this is the kind of President we have,’’ he stressed.

‘’He will protect everyone who is a crook but he will not stand up for the majesty of the law and protect the people of this country from these crooks,’’ he added.

Queried whether the crime of sedition is rather strong, Gordon said: ‘’Incitement to sedition. Look it up. The last paragraph, the second paragraph, it says, any person who tries to induce people not to attend or not to do their duties, the legislature for example, may be guilty of inciting to sedition.’’

In yesterday’s Senate Blue Ribbon committee, Yang failed to attend it claiming his blood pressure went up.

‘’Why is Duterte devoting so much time in his weekly address to prove that Michael Yang is not a drug lord? Parang defensive. Bakit kaya? (He is defensive, why?),’’ an observer asked.

After Gordon asked the Department of Justice to issue a lookout order for Yang, lawyer Raymond Fortun, Yang’s counsel, stated that “The Senate has the authority to ask the DOJ for the issuance of a lookout order..

‘’However, the same is totally unnecessary. Mr Yang has continuously expressed his willingness to cooperate in the Senate investigation, and has no plans of leaving the country during the course thereof,’’ Fortun said.