Legislative Inquiries and Oversight Functions | Powers of Congress | LEGISLATIVE DEPARTMENT

Legislative Inquiries and Oversight Functions of Congress (Philippine Setting)

I. Constitutional Basis

The powers of legislative inquiries and oversight functions of Congress are enshrined in the 1987 Philippine Constitution, particularly in Article VI (Legislative Department), which grants Congress the power to conduct inquiries in aid of legislation and to exercise oversight over the Executive branch of government.

1. Legislative Inquiry Power (Section 21, Article VI, 1987 Constitution):

   • Text of the provision: "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."

   This provision gives Congress (both the Senate and the House of Representatives) the authority to conduct investigations as part of its lawmaking power.

2. Oversight Function (Section 22, Article VI, 1987 Constitution):

   • Text of the provision: "The heads of departments may upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session."

   This provision emphasizes the role of Congress in exercising control or supervision over the Executive branch by requiring department heads to appear before them and explain or defend their actions.

II. Legislative Inquiries in Aid of Legislation

A legislative inquiry refers to an investigation or hearing conducted by Congress or its committees to gather information and evidence necessary to craft or amend legislation. While it is often associated with fact-finding missions, its primary purpose is to aid the legislative process.

Essential Elements of Legislative Inquiry

1. In Aid of Legislation:
   Any investigation must be conducted with the genuine intention of drafting or revising laws. It cannot be conducted for reasons of mere curiosity, harassment, or to substitute for the role of the judiciary in deciding legal disputes.

2. Committee or House Authorization:
   An inquiry must be duly authorized by the entire House (Senate or House of Representatives) or by one of its committees. Each committee’s authority and jurisdiction must conform to the duly published rules of procedure of Congress.

3. Observance of Rights:
   The rights of those who are summoned or involved in legislative inquiries must be protected, including the right to due process, the right against self-incrimination, and the right to counsel. This is often referred to as the "respected rights" clause of Section 21, Article VI.

4. Publication of Rules:
   The rules of procedure for conducting legislative inquiries must be published to provide transparency, clarity, and predictability in the conduct of investigations.

Limitations on the Legislative Inquiry Power

1. Must Be In Aid of Legislation:
   The inquiry must have a clear legislative purpose, and it cannot be used for purposes such as determining criminal guilt, which is a judicial function (see Arnault v. Nazareno).

2. Respect for Judicial Independence:
   Congress must refrain from encroaching on judicial matters or intervening in cases pending before the courts. This principle is upheld by the doctrine of the separation of powers.

3. Presidential Privilege:
   In certain cases, the President may invoke executive privilege to withhold information from Congress if disclosure would impair national security, diplomatic negotiations, or other state interests (see Senate v. Ermita).

4. Due Process and Rights of Persons:
   Legislative inquiries must respect the rights of witnesses and resource persons, including the right to refuse to answer questions that might incriminate them.

Jurisdiction of Committees in Legislative Inquiries

Each house of Congress has standing and special committees that are empowered to conduct investigations. The scope of the committee’s jurisdiction must be aligned with its mandate and expertise, as outlined in the rules of each House.

III. Oversight Functions of Congress

Congress also exercises oversight functions to monitor, review, and scrutinize the actions of the Executive branch, its agencies, and its officials. Oversight is a critical check on executive power and ensures that laws passed by Congress are being implemented effectively and in accordance with legislative intent.

Key Features of the Oversight Function

1. Control and Supervision:
   Congress, through its oversight committees, can control or supervise the implementation of laws and review the exercise of executive powers to ensure that administrative actions align with the laws passed by the legislature.

2. Power to Summon Department Heads (Section 22, Article VI):
   Congress can compel department heads to appear before it to answer questions or provide reports on the performance of their duties. This allows Congress to scrutinize the actions of the Executive branch.

3. Written Questions and Interpellation:
   Congress has the power to submit written questions to department heads before they appear, and it can subject these officials to interpellation on broader issues. The interpellation process provides Congress with critical information for lawmaking and policy review.

4. Conduct of Executive Sessions:
   In matters involving national security or sensitive public interest, Congress may conduct executive sessions. These sessions are held in private and are often requested by the President when public disclosure may compromise state secrets.

Legislative Veto and Congressional Oversight

While legislative vetoes have been deemed unconstitutional (see Abakada Guro Party List v. Ermita), Congress retains certain powers to ensure that executive agencies follow the legislative intent of laws. Through post-enactment measures, such as budgetary reviews and the creation of special oversight committees, Congress exercises its role in scrutinizing the executive.

Oversight Committees

Congress has established various oversight committees tasked with monitoring the implementation of laws, evaluating the performance of executive agencies, and investigating matters of public interest. These include:

1. Committee on Public Accountability – Ensures that public officials and agencies are held accountable for their actions.
2. Committee on Good Government – Examines instances of graft and corruption within the government.
3. Joint Congressional Oversight Committees – Established by certain laws to monitor the implementation of specific statutes (e.g., the Congressional Oversight Committee on the Implementation of the Philippine Competition Act).

IV. Case Law on Legislative Inquiry and Oversight Powers

Several landmark Supreme Court decisions have shaped the understanding of legislative inquiry and oversight functions:

1. Arnault v. Nazareno (1950)
   This case established that legislative inquiries must always be in aid of legislation. The Supreme Court ruled that Congress cannot use its investigative powers to determine the guilt or innocence of an individual, as this is a function reserved for the courts.

2. Senate v. Ermita (2006)
   The Supreme Court struck down Executive Order No. 464, which prohibited executive officials from appearing before Congress without the President’s consent. The Court ruled that while executive privilege may be invoked in certain cases, a blanket prohibition is unconstitutional and impairs Congress’ power to conduct inquiries in aid of legislation.

3. Neri v. Senate (2008)
   This case involved the invocation of executive privilege by then-NEDA Director-General Romulo Neri during a Senate investigation into the NBN-ZTE broadband deal. The Supreme Court upheld the invocation of executive privilege, citing the need to protect sensitive communications between the President and her advisers.

4. Abakada Guro Party List v. Ermita (2005)
   The Court struck down the legislative veto provision in the VAT law, emphasizing that such vetoes encroach on executive prerogatives. However, the decision affirmed Congress' power to monitor the implementation of laws through its oversight functions, provided these do not violate the principle of separation of powers.

V. Conclusion

The legislative inquiry and oversight functions of Congress are integral to the balance of powers in the Philippine government. While Congress has broad investigative powers in aid of legislation, these are subject to constitutional limitations, including respect for executive privilege, judicial independence, and the rights of individuals. Similarly, the oversight function ensures that the Executive branch implements laws faithfully and effectively, serving as a critical check on executive power.