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BENGZON, JR.

vs SENATE BLUE RIBBON COMMITTEE


G.R.NO. L-89914, November 20, 1991

FACTS:

It was alleged that Benjamin “Kokoy” Romualdez and his wife together with the Marcoses
unlawfully and unjustly enriched themselves at the expense of the Filipino people. That they
obtained with the help of the Bengzon Law Office and Ricardo Lopa – Cory’s brother in law,
among others, control over some of the biggest business enterprises in the country.

Senator Juan Ponce Enrile subsequently delivered a privilege speech alleging that Lopa took
over various government owned corporations which is in violation of the Anti-Graft and Corrupt
Practices Act. Contained in the speech is a motion to investigate on the matter. The motion was
referred to the Committee on Accountability of Public Officers or the Blue Ribbon Committee.
After committee hearing, Lopa refused to testify before the committee for it may unduly
prejudice a pending civil case against him. Bengzon likewise refused invoking his right to due
process. Lopa however sent a letter to Enrile categorically denying his allegations and that his
allegations are baseless and malicious.

Enrile subsequently took advantage of the Senate’s privilege hour upon which he insisted to have
an inquiry regarding the matter. The SBRC rejected Lopa’s and Bengzon’s plea.

Claiming that the Senate Blue Ribbon Committee is poised to subpoena them and require their
attendance and testimony in proceedings before the Committee, in excess of its jurisdiction and
legislative purpose, in clear and blatant disregard of their constitutional rights, and to their grave
and irreparable damage, prejudice and injury, and that there is no appeal nor any other plain,
speedy and adequate remedy in the ordinary course of law, Bengzon et al filed a petition for
prohibition with a prayer for temporary restraining order and/or injunctive relief against the
SBRC.

ISSUE:

Whether or not the inquiry sought by the SBRC be granted.

HELD:

No, the inquiry cannot be given due course. The speech of Enrile contained no suggestion of
contemplated legislation; he merely called upon the Senate to look into a possible violation of
Sec. 5 of RA No. 3019, otherwise known as “The Anti-Graft and Corrupt Practices Act.” In other
words, the purpose of the inquiry to be conducted by the Blue Ribbon Committee was to find out
whether or not the relatives of Cory, particularly Lopa, had violated the law in connection with
the alleged sale of the 36 or 39 corporations belonging to Kokoy to the Lopa Group. There
appears to be, therefore, no intended legislation involved. Hence, the contemplated inquiry by
the SBRC is not really “in aid of legislation” because it is not related to a purpose within the
jurisdiction of Congress, since the aim of the investigation is to find out whether or not the
relatives of the President or Mr. Ricardo Lopa had violated Section 5 of RA No. 3019, the “Anti-
Graft and Corrupt Practices Act”, a matter that appears more within the province of the courts
rather than of the legislature.

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