Escudero justifies Senate legal study on subpoena plea for Cabinet execs
Senate President Francis “Chiz” Escudero justified on Thursday, April 3, 2025, the need for legal advice on the request of the Senate foreign relations committee to subpoena government executives who skipped its inquiry into the arrest of former President Rodrigo Duterte. —Photo from the Senate
MANILA, Philippines — Senate President Francis “Chiz” Escudero justified his move to get advice from the chamber’s legal department on the request of the Senate foreign relations committee to subpoena government executives to attend its inquiry into the arrest of former President Rodrigo Duterte.
In a press conference on Thursday, Escudero also maintained that the Senate’s freedom could not be proven through individual incidents or by a mere desire of its members.
The Senate chief remarked in response to Sen. Imee Marcos’ earlier claim that the issuance of a subpoena to the Senate panel resource speakers has something to do with the chamber’s freedom. Marcos chairs the Senate foreign relations committee.
“Nais kong sabihin ang pagiging malaya ng Senado ay hindi pinapatunayan sa kada isang insidente kaugnay ng kagustuhan ng isang miyembro. Ito’y mababakas, makikita at mapapatunayan sa direksyon na tinatahak ng aming institusyon,” said Escudero.
(I just want to say that the Senate’s freedom could not be proven by mere incidents or desires of its members. This would be seen and proven by the direction taken by the institution.)
Later into the press conference, he was asked if he would not sign the panel’s request should it reach his office, to which he said that he would still wait for the Senate legal team’s decision.
“Hihintayin ko muna ‘yong legal pero ayokong inaakusahan ang Senado na hindi nagiging patas depende kung pipirma o hindi. Hindi nakabase ‘yon doon. Gagawin ko pa rin palagi kung ano ang tama at naaayon sa batas at hindi kung ano ang pangangailangan o kagustuhan ng isa o ilang miyembro,” he explained.
(I’ll wait for the legal team’s decision, but I don’t want the Senate being accused of not being fair, especially surrounding questions about whether we would sign it or not. It’s not based on that. We would still do what’s right and what’s in line with the law and not what a single member desires.)
Early Thursday morning, Escudero disclosed that he had instructed the chamber’s legal team to review the proposed issuance of a subpoena to the Senate panel resource persons in light of the Cabinet members’ invocation of executive privilege.
The Senate leader said he had signed a subpoena summoning Prosecutor General Richard Fadullon and an unidentified Philippine Air Force general to the second hearing on Duterte’s arrest at the request of Marcos.
READ: Imee insists gov’t had prior talks with ICC on Duterte’s arrest
But after the Palace declined the Senate panel’s invitation by invoking executive privilege, Escudero said he had decided to refer the matter to the Senate’s legal department instead of the Office of the Sergeant at Arms.
“Ang huling gusto kong mangyari sa gitna at sa kabila ng napakarami ng kaguluhan sa ating bansa, ay dagdagan pa ito sa pamamagitan ng isang Constitutional crisis kaugnay ng subpoena sa kabilang banda at invocation ng executive privilege sa kabilang banda. Kaya minabuti ko bagaman abogado ako na i-refer ito sa aming legal department para sa karampatang rekomendasyon,” he added.
(The last thing I want to happen, in the middle of the ongoing mess in the country, is to add another issue by triggering a Constitutional crisis in relation to a subpoena, and in the other part is the invocation of executive privilege. That’s why I have decided, although I am a lawyer, to refer it to our legal team for proper recommendation.)
