The Senate leadership plans to take legal action against businessman and former lawmaker Mike Defensor for allegedly meddling in the upper chamber's internal affairs, particularly the investigation into flood control anomalies.

Acting Senate President Win Gatchalian revealed on Tuesday that he and Blue Ribbon Committee chair Erwin Tulfo are already evaluating potential legal recourse against Defensor for usurpation of authority by convening an “illegal” and “unauthorized hearing on flood control projects. 

Gatchalian asserted that Defensor has no business meddling in the Senate because he is neither a senator nor a member of the committee. 

“He is definitely deceiving people. He is definitely causing confusion with his post…He is not the chairman, he is not a member, he is not a senator,” Gatchalian told reporters partly in Filipino in a chance interview. 

“That’s not right. He’s using the title of the Senate,” he added. 

He stopped short, however, of detailing the potential charges and the filing timeline.

The lawmaker’s frustration stemmed from Defensor’s Facebook post on Monday, announcing that the “BRC” hearing would proceed at 10 a.m., although outside the Senate premises (Doublegem EDSA Garden Events Place).

Neither Senator Alan Cayetano nor any of his allies had officially confirmed this, although it was seen as a continuation of the 4 June flood control probe convened by the Cayetano-led bloc. 

Defensor has been actively involved in providing a platform and support—even financially, as he previously admitted—to the so-called former security aides of the now-fugitive former lawmaker Elizaldy Co. 

The 18 bodyguards alleged that they delivered massive kickbacks from flood control projects to the top government officials, allegedly including President Marcos Jr. and his allies in Congress. 

The credibility of the group was called into question after four of them were disowned by the Philippine Navy and the Armed Forces of the Philippines, while the majority of the remainder were allegedly dishonorably discharged. 

Despite this, the group denied receiving P5 million each in bribes, as alleged by the NBI, to make the “fabricated” testimonies, which is a repeat of their February affidavit.

In a separate interview on Tuesday, Tulfo—who was also accused of receiving kickbacks—confirmed the possible filing of charges against those “pretending” to be part of the BRC. 

“We will look into what they are doing because they cannot just find a place anytime, [and] pretend to be Blue Ribbon,” Tulfo said in Filipino. “It is clear that this is an usurpation of authority.” 

He remarked that the 4 June hearing was “illegal” because Senator Pia Cayetano was already relieved from her post as the chair of the powerful BRC after he was elected as her successor on 3 June during the surprise leadership shakeup.

The power shift effectively wiped out all the panel chairmanships pursuant to the motion by the new majority bloc, who installed Gatchalian as the acting Senate president after Cayetano’s faction boycotted the session for three consecutive days.

Tulfo reiterated that the 4 June hearing by the Cayetano bloc was already “illegal,” as it proceeded even though the committee was not yet fully constituted. 

He cited, among others, the lack of plenary approval for the election of minority members before any proceedings are made. 

Alan Cayetano earlier accused the Gatchalian bloc of deliberately withholding the election of their members to the committee to derail the flood control probe as part of supposed efforts to shield the administration and their allies from accountability.

Neither Cayetano nor any of his allies appeared at the supposed “hearing.” It was Defensor who spearheaded what critics described as a mere “press conference,” which eventually pushed through after the event’s place allegedly revoked the cancellation. 

Prior to the start of the gathering, Senator Imee Marcos and several figures known as allies of the Dutertes tried to enter the event’s place, but were barred. 

Marcos attributed the chaos to the administration of her estranged brother, accusing it of brazenly suppressing the truth behind the purported anomalies in the flood control projects.

“No matter what circus acts and cover-ups they do to hide their fishy deeds, their stench leaks out,” she stressed in Filipino. 

Nonetheless, she urged the public to remain vigilant, as she and her allies in the Cayetano bloc doubled down on their corruption allegations against the administration.