Senate President Juan Miguel “Migz” Zubiri on Monday, October 23 downplayed the impact of the Supreme Court’s decision denying the Senate’s petition challenging the constitutionality of a memorandum issued by then President Rodrigo Duterte.

The SC has denied the Senate's petition challenging Duterte's order banning government officials from attending the upper chamber’s probe into the questionable procurement of COVID-19 supplies in 2021.

“It is my position that the ruling does not in any way diminish or disturb long-established doctrines on the legislative’s power to conduct inquiries in aid of legislation,” Zubiri said in a statement.

“The Court dismissed the case on procedural and not on substantive grounds - it considered the filing of the case as premature, saying that the jurisdictional issue raised by the Executive should have been first resolved by the Senate using its own Rules,” the Senate leader pointed out.

Zubiri also took note that the SC decision “recognized and upholds the inherence and breadth of the power of Congress” to conduct inquiries in aid of legislation, provided that the inquiry is material or necessary to legislation.

“We respect the Court’s decision and the body will discuss how to move forward with this,” he said.

“We will certainly study the decision and use it to strengthen our internal rules while preserving our Constitutional mandate,” added the lawmaker.

The case stemmed from the Senate blue ribbon panel’s inquiry into the questionable transfer of P42-billion COVID-19 funds by the Department of Health (DOH) to the Department of Budget and Management-Procurement Service in 2021.

Senators also probed the P8.6-billion which the PS-DBM used for purchasing face masks, face shields, and personal protective equipment (PPEs) from Pharmally Pharmaceutical Corp., which only had P625,000 in paid-up capital when the company participated during the government bidding.

In denying the Senate’s petition, the SC en banc claimed that the Senate Blue Ribbon Committee already has a remedy within its office to resolve the jurisdictional challenge that Duterte raised.

The SC cited Section 3 of the Rules of Procedure Governing Inquiries in Aid of Legislation, which states that “if the jurisdiction of the committee is challenged on any ground, the said issue must first be resolved by the committee before proceeding with the inquiry.”