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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWII. LEGISLATIVE DEPARTMENTD. Legislative Inquiries and Oversight Functions (1987 Constitution, Art. VI, secs. 21-22)

Question

II. LEGISLATIVE DEPARTMENT

D. Legislative Inquiries and Oversight Functions

1. Congressman Robles, a member of the House of Representatives, has initiated a legislative inquiry to investigate alleged anomalous transactions in a government agency. During the course of the inquiry, he issued subpoenas to several individuals, including private citizens who are not government officials or employees. These individuals resisted the subpoenas, claiming that they have the right against self-incrimination. Congressman Robles argues that the right against self-incrimination is only applicable in criminal proceedings and does not apply to legislative inquiries. Is Congressman Robles correct? Explain your answer.

2. The Senate Committee on Finance has issued a subpoena to the Secretary of the Department of Budget and Management (DBM) to appear and testify before the committee regarding the implementation of the national budget. The Secretary of the DBM refused to comply with the subpoena, claiming executive privilege. The committee argues that as part of its oversight function, it has the power to compel the attendance of government officials to provide information. Discuss the conflict between the Senate Committee and the Secretary of the DBM, and how it should be resolved based on constitutional provisions.

3. The House of Representatives has initiated an inquiry to investigate police brutality and the possible violation of human rights in a certain region. During the inquiry, the committee called a witness who is known to have vital information about a recent incident. However, the witness refuses to testify, citing the right to privacy and the fear of reprisal. Can the committee compel the witness to testify? Explain why or why not.




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Bar Review Question: II. LEGISLATIVE DEPARTMENT D. Legislative Inquiries and Oversight Functions 1. Congressman Robles