Leonen: Congress cannot act as judge or prosecutor in legislative probes

Supreme Court Senior Associate Justice Marvic Leonen has reminded both chambers of Congress to refrain from acting as judge or prosecutor when conducting inquiries in aid of legislation.

Leonen stressed that the Senate and the House of Representatives have no power to determine the guilt of resource persons invited to legislative investigations.

This clarification was issued in a separate concurring opinion to the recent Supreme Court En Banc ruling dismissing petitions filed by pro-Duterte vloggers against the House of Representatives Tri-Committee.

Leonen emphasized that Congress is neither a law enforcement nor a trial agency, and that its investigative power must always be connected to — and in furtherance of — its primary mandate of enacting laws.

“No matter how noble the intentions of the Congress are, they cannot assume the power reposed upon our prosecutorial bodies and courts,” Leonen wrote.

He further underscored that establishing criminal liability is not within the Legislature’s jurisdiction.

“The determination of who is/are liable for a crime or illegal activity, the investigation of the role played by each official, the determination of who should be hailed in court for prosecution and the task of coming up with conclusions and finding of facts regarding anomalies, especially the determination of criminal guilt, are not functions of Congress. It is neither a law enforcement nor a trial agency,” Leonen said.

He added that legislative inquiries must always fall within the bounds of Congress’ constitutional purpose.

“Moreover, it must be related to, and in furtherance of, a legitimate task of Congress,” the Senior Associate Justice noted.