The Philippine Bar Association (PBA) assailed as unconstitutional the directive of President Duterte for members of the executive department to ignore the summons issued by the Senate in connection with its inquiry into alleged irregularities in the use of funds for COVID-19 response.

In a statement, PBA also blasted the President’s directive to members of the Armed Forces of the Philippines, the Philippine National Police, and other uniformed services to ignore the warrants of arrest that may be issued by the Senate, particularly its Blue Ribbon Committee.

The PBA, which was set up in 1891, said:

“We appeal for President Duterte, a brother in the legal profession, to immediately recall his twin directives that in our view constitute clear violations of our Constitution.”

It stressed that politicians should “not to trifle with our people’s Constitution in the political games they play.”

“We humbly remind all our leaders, both elected and appointed, that they are all mere transients in power and that they are public servants, first and foremost -- who hold office to be in the service of the Filipino people,” it said.

It noted that the Senate Blue Ribbon Committee is currently investigating “various alleged anomalous transactions amounting to billions of pesos, in the midst of a pandemic, principally involving the Department of health, the Procurement Service of the Department of Budget and management and an alleged favored supplier.”

It pointed out that “the directive of President Duterte, acting as Chief Executive, directing officials of the Executive Department to disobey summons issued by the Senate upsets our system of checks and balances and transgresses the doctrine of separation of powers among the three branches of government under our Constitution.”

“The directive is detrimental to our people exacting public accountability from officials of the Executive Department, through our duly elected representatives in the Senate Blue Ribbon Committee exercising their Constitutional power of legislative oversight. That the ongoing investigation focuses on alleged anomalies in the use of huge amounts of public funds, during a pandemic that has cost countless Filipino lives, makes the quest of public accountability of vital importance,” it said.

The PBA said it agrees with the President’s pronouncement against corruption in government.

“It is in these times of great need that we express our agreement with President Duterte that there should not be a ‘whiff of corruption’ in government, particularly in the use of our scarce resources to address our people’s pressing needs in these most challenging times. Let the ax fall where it may,” it said.

It said the Senate has “the power to enforce its own processes in accordance with the Rules of the Senate governing its legislative investigations which is recognized under our Constitution and settled jurisprudence.”

It also said: “Instead of upholding professionalism in the ranks of our military, police and the rest of the uniformed services by shielding them from partisan politics, the directive unjustifiably reduces them into political pawns used as shields against what is perceived as political attacks. The directive is a disservice to the principle of civilian supremacy over the military. We should be mindful that an unlawful order invites disobedience and challenge.”