Chiz advises restraint in subpoena issue
SENATE President Francis “Chiz” Escudero urged restraint and legal caution amid mounting calls from lawmakers—particularly Senator Ronald “Bato” dela Rosa—to issue subpoenas to absent Cabinet officials who skipped a Senate inquiry into the International Criminal Court’s (ICC) arrest warrant against former President Rodrigo Duterte.
Escudero emphasized that any compulsory process, such as a subpoena, would be meaningless without executive backing.
“Paano mo ipapatupad yan kung hindi sumasang-ayon ang Executive?” he said during a press briefing, warning that relying on the Philippine National Police—an agency under the Executive branch—to enforce Senate orders could drag the government into a constitutional crisis.
“Ito’y mababakas, makikita at mapatunayan sa direksyong tinatahak ng aming institusyon,” Escudero said, defending the Senate’s independence.
He reiterated that rather than resort to potentially provocative legal maneuvers, he has referred the matter to the Senate’s legal office for guidance.
At the heart of the controversy is the Executive’s invocation of executive privilege to justify the Cabinet officials’ absence.
Escudero acknowledged that the Supreme Court has recognized such privilege, stating: “Ang kinatigan ng SC ay ang Executive Branch at binigyang pagpapahalaga timbang ang Executive Privilege… Lalo na kung may desisyon at batas na nagsasabing yan ang tama sa ngayon.”
However, he was equally clear that this should not be used to block legislative oversight.
“Hindi ko tinatanggap din ang subjudice argument ni Executive Secretary Bersamin.
“ Maliwanag ang mga decision ng SC yan. Hindi pwedeng pigilan ng pagdinig ng Senado… dahil may pending case,” Escudero stressed.
On suggestions that tensions between the Senate and the Executive—particularly between Senator Imee Marcos and President Ferdinand Marcos Jr.—could escalate, Escudero downplayed the rift.
“Wala ako nakikitang away sa pagitan nila. Nakikita ko hindi pagkakasundo kaugnay sa isang issue o bagay,” he said, noting such differences are part of a functioning democracy.
The Senate President also addressed questions about the relevance of ICC evidence in an impeachment complaint filed against Vice President Sara Duterte.
He clarified that “hindi kasama ang crimes against humanity sa impeachment complaint laban sa ating VP,” and stated that unless the Vice President is formally named as a respondent, evidence from the ICC case against her father should not apply.
Escudero further explained that while the ICC case against former President Duterte proceeds internationally, no one has filed a local case.
“Sa kaso ni Sen. Teves may pending case dito, sa kaso ni Dating Paulong Duterte walang naglakas loob maghahay ng kaso dito,” he said, drawing a distinction between the two figures.
The discussion of subpoenas came amid increasing political pressure following a Senate hearing led by Senator Imee Marcos.
While some senators, including dela Rosa, pushed for a stronger assertion of legislative authority, Escudero remained focused on stability and legality.
“Yan ang simula at bahagi ng constitutional crisis na hindi ko papayagang mangyari o makadagdag pa sa kasalukuyang mga problemang kinakaharap ng ating bansa,” he said, signaling his intent to avoid institutional conflict.
In the meantime, Escudero assured the public that the Senate remains committed to its legislative duties and oversight responsibilities, while steering clear of actions that could erode public trust or provoke institutional clashes.
“Nagagawin ko ang aking trabaho, gagampanan ko ng naayon sa batas at naayon sa tingin ko ang kinakailangan ng ating bansa at ng institusyon ito,” he concluded.
