Bengzon vs Senate Blue Ribbon

Committee
on September 22, 2011

Political Law Inquiry in Aid of Legislation When not Allowed

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. Sen.
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, the Bengzon et al filed the present petition for
prohibition with a prayer for temporary restraining order and/or injunctive relief.
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.