Sabio vs. Gordon

Former President Cory issued EO No. 1 creating the PCGG. She entrusted upon this body the task of recovering the ill-gotten wealth accumulated by the deposed President Marcos and his close associates. To ensure the PCGG’s unhampered performance of its tasks, Section 4 (b) of E.O. No. 1 provides that: “No member or staff of the Commission shall be required to testify or produce evidence in any judicial, legislative or administrative proceeding concerning matters within its official cognizance.”

20 years later, the Senate invited PCGG Chairman Camilo Sabio to be one of the resource persons in a Senate investigation. However, Chairman Sabio declined the invitation invoking Section 4 (b) of E.O. No. 1.May Section 4 (b) of E.O. No. 1 be invoked by Chairman Sabio to justify non-appearance on legislative investigations?

SUGGESTED ANSWER:

No. Section 4 (b) of E.O. No. 1 is declared REPEALED by the 1987 Constitution. The Congress’ power of inquiry, being broad, encompasses everything that concerns the administration of existing laws as well as proposed or possibly needed statutes. It even extends “to government agencies created by Congress and officers whose positions are within the power of Congress to regulate or even abolish.” (Sabio vs. Gordon, October 17, 2006)

Note: Article VI, Section 21 grants the power of inquiry not only to the Senate and the House of Representatives, but also to any of their respective committees.