Integrity is the ability to do what is right even when no one is looking. This is what is expected of every Ateneo lawyer. As students of the law, we were taught that when the law is clear and unambiguous, there is no room for interpretation. It is in this spirit of integrity and the proper interpretation of the law that we hold the following matters as true, fundamental and inviolable:
1. The three branches of government are co-equal but have different responsibilities, i.e., the Executive is the implementor and the holder of the sword, Congress is the maker of laws and holds the purse, and the Supreme Court is the interpreter of the law and decides in case of conflict or ambiguity. One cannot appropriate the power of the other. Each must stay in its sphere of power and be protected and respected within the same.
2. As the implementor of laws with the power of the sword, the Executive is given the presumption of regularity when it acts and, as such, must be followed in the carrying out of its duties. If the Senate does not agree with the Executive, it can either seek the protection and wisdom of the Supreme Court or it can create a law to counter the Executive. Accordingly, the Senate cannot just choose to defy the Executive’s implementation of the law and appropriate for itself the role reserved for the latter. If the Senate feels aggrieved or wronged by the Executive, it can seek the protection of the Supreme Court for an appropriate restraining order or resolution. The Senate also cannot appropriate for itself the power of the Supreme Court to adjudicate doubts and conflicts by resolving an issue by itself or by adopting a new doctrine as that can only be lawfully done through a disposition of the Supreme Court.
3. In the event that there is an abuse in any of the above departments or a conflict amongst the same, the Ombudsman, motu proprio and without need of any complaint, has been empowered by the Constitution to act immediately and independently as he is the Protector of the People when there is abuse in government. He is part of the government but is independent of all the three branches of government.
4. In our current situation, the Senate has clearly gone beyond its powers, abrogated powers reserved for the two other departments and, by doing so, disturbed the balance of these three co-equal branches of government. Furthermore, it has unilaterally decided to disobey the lawful request of the Ombudsman despite receipt of a valid subpoena.
5. Regrettably, at the helm of this crisis is a member of the Ateneo Law Class of 1997. We, therefore, appeal to our batchmate, Senate President Alan P. Cayetano, to remember what we were taught in the Ateneo and to adhere to our oath as lawyers and officers of the court. Cognizant of the above, we urge Senate President Cayetano to:
i. In making pronouncements, keep only to the known facts, be mindful of the law and the decisions of the Supreme Court and avoid interpretations for convenience and accommodation. We urge the Senate President to study carefully his own case of Pangilinan vs Cayetano (G.R. No. 238875) as the pronouncements therein belie the credibility of his dispositions and decisions as Senate President on the ICC controversy.
ii. Acknowledge that the Senate and, by extension, its agent, the Office of the Sergeant-At-Arms (OSAA), does not have the power of the sword and must, therefore, yield to the directives of the duly constituted law enforcement officers of the country. The OSAA is nothing more than a security agency and its power is limited to keeping order in the Senate. The OSAA has no police powers and must follow the valid orders of law enforcement agencies.
iii. Recognize the limited applicability of parliamentary immunity against arrest as not extending to those with penalties beyond six (6) years. Its act of giving refuge to Senator dela Rosa was, in reality, a criminal offense of harboring a fugitive from justice dressed up with convoluted legal jargon to make it appear like the supposed tradition of “protective custody.” Please note that the term is made up of two words and that the latter word “custody” means that you are responsible to produce the person under your “protection” when so required by the Executive or the Judiciary - a responsibility that has been conveniently overlooked by the Senate President especially now that the fugitive senator is nowhere to be found.
iv. Honor the constitutional provision that the Ombudsman can suspend any public official and request the Senate “for assistance and information necessary for the discharge of its responsibilities” by turning over to the former all CCTV recordings for a proper determination of the alleged “attack” on the Senate.
Every Ateneo lawyer should live by the guidance of our alma mater and our patron, St. Thomas More: to be men and women for others while being the servant of God above all else. We urge the Senate President, to pause and reflect on the law and be reminded of the counsel of Justice Pompeyo Diaz to all Ateneo law graduates to be true acolytes of the law with a passion for truth and justice. Fiat justitiable, ruat caelum - LET JUSTICE PREVAIL THOUGH THE HEAVENS FALL.
THE INDIVIDUAL MEMBERS OF ATENEO LAW CLASS OF 1997
Ad Majorem Dei Gloriam
RAINIER M. DAVID
ALBERT VINCENT Y. YU CHANG
JORGE ALFONSO C. MELO
ANGELO RAYMUNDO VALENCIA
MARIA ELENA ABUEG-WANDELER
MICHAEL LESLIE DE LOS REYES
PETER CASTILLO
MARTIN P. SAMSON
EDWARD G. LORENZO
JOSHUA PARAISO
RONALD A. LEDESMA
JOANNA DIVINAGRACIA-LEDESMA
ANNA LISSA C. BAUTISTA
NOEL R. DEL PRADO
YAZMIN M. FACTORAN
ROSELLE C. TENEFRANCIA
RICHARD OLIVER R. MALONG
JASON NATIVIDAD
RHEA SAMSON
MA. CARLOTA CRISTINA G. LAIÑO
MARIA CHRISTINA TIOSECO-PANOTES
JON O. BELLO
NICANOR P. PATRICIO JR.
MARIA GENEROSA MISLANG
PAULO E. CAMPOS JR.
