Jose Bengzon, Jr.

vs Senate Blue Ribbon Committee

September 22, 2011

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. Senator Juan Ponce
Enrile 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. 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. 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. Besides, the Court may take judicial notice that Mr. Ricardo Lopa
died during the pendency of this case.