BENGZON vs SENATE BLUE RIBBON COMMITTEE

Topic: Power of Legislative Inquiry

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 Corys brother in law, among
others, control over some of the biggest business enterprises in the
country including MERALCO, PCI Bank, Shell Philippines and Benguet
Consolidated Mining Corporation.
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 Senates privilege hour
upon which he insisted to have an inquiry regarding the matter. The SBRC
rejected Lopas and Bengzons 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. Besides,
the Court may take judicial notice that Mr. Ricardo Lopa died during the
pendency of this case