Avoid McCarthyistic Tendencies on the Use of Congressional Subpoena Powers; Due Process is Essential to Proper Legislative Oversight

During the height of the Cold War, U.S. Senator Joseph McCarthy became famous for questioning individuals who allegedly hold sympathy for and support communist ideals and pratices by using the subpoena powers of the U.S. Congress.

McCarthyism, or what became known as suspicion of Americans with alleged communist ties have become a nasty lesson in U.S history for those whose pursuit of public duty is unbound by established procedural regulations. Due process was enshrined in the U.S. Constitution to remove such arbitrary use of legitimate coercion in pursuit of preserving societal interest while protecting the right of an individual against the same; but indeed, it was blalantly ignored.

As history shows, lives were ruined, reputations were lost, and the livelihood of individuals questioned during the so called McCarthy Trials were threatened on the basis of hearsay and mere suspicion without credible evidence. It was a classic case of an abusive display of congressional power: a legislative investigation run amok, devoid of due process and in utmost disregard for individual citizens with inalienable rights guaranteed by the U.S. Constitution.

It may happen in our time and place if we let our zealousness to do what is right and to correct what is wrong go above our heads, allowing our ourselves to pursue public duty untempered by established procedures and neglecting adherance to the rule of law.

For what makes Mccarthyism distinct to current legislative investigations is merely the issue at stake; as opposed to communist suspicion, alleged corrupt pratices by former Filipino government officials are, regardless of whether be it the Fertilizer Fund or the Euro General scandal.

Article VI, Section 21 of the Philippine Constitution states that,

The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected.

Please note the second sentence. "The rights of the persons" being questioned "shall be respected." Even Pontius Pilate will be given a fair trial when the day of judgment comes, so whay not extend the same respect to those individuals?

I am not saying that the upper and lower house of the Philippine Congress have not given the citizens in question what is their due. My point is coming from the concern that the improper exercise of such congressional power will further exacerbate the distrust we, the common people, have in terms of elected officials wielding such considerable powers.

The Philippine Supreme Court has already limited the parameters of legislative inquiry by mere technicality because the Philipine Senate had not been able to satisfy the "duly published rule of procedures" requirement of the Philippine Constitution during the Neri Case.

Granted that a significant number of SC Justices were hand picked by the current Philippine president, but such fiasco could have been avoided had the Philippine Senate made sure that the individuals being questioned were made aware of the rights and expected duties a citizen have when being questioned before a Senate inquiry.

Nonetheless, make no mistake. I am not delegating blame here. The dilemma surrounding the current Senate investigations are growing pains natural to fledging democracies where missteps are to be expected.

The sluggish response in the sense of Senate President Villar's signature on the subpoena for General de la paz may be welcomed as taking the time to study the legality of the summon being served to the police official; hopefully, it is the case. If indeed such is true, it exemplies a thinking politician, assessing the ramification of a potential ultra vires action on the part of the Philippine Senate, the actual situation of which may have been another blunder on its part.

However, one must not be too slow all the time. Constant slowness is a trait of dysfynctional government and such may be interpreted by the public as ineffectiveness in the part of those whose authorization is required for the summons to be served.

The Filipino people is watching, dear legislators. Watch your steps and when exercising express powers granted under the Philippine Constitution, do so in a manner which complies with procedural rules created in order for the officers of the state to fulfill their sworn duty without prejudice to the rights of the citizens being questioned.

After more than two decades of autocratic rule, congressional oversight power, as embodied in its in aid of legislation inquiries, is a welcome and formidable tool against the abusive tendencies of all levels of government officials.

Use it well and shrewdly.

The Court may be packed; nonetheless, if there is will, there is a way. One thing the Court cannot overrule is public opinion. If public opinion is with you, the Court will think twice before it decides against your actions and it is more likely that even the Court will see your point of view. Should I mention the ancestral domain issue?

With the level of graft and corruption in our country, I expect committee investigations by the Philippine Congress to increase tremendously.

Do not hold back, as long as due process is adhered to.

Keep asking questions. Bother them until the fat lady sings.