Inside our congress: The truth behind inquiries in aid of legislation

Like a sporting event or the finale of a teledrama, millions of Filipinos are often glued to the hearings conducted by the Senate and House of Representatives, especially when they involve high-profile figures accused of violating the law or engaging in corruption.

One phrase that frequently emerges in these proceedings is "in aid of legislation." Lawmakers often emphasize that these hearings are not just political spectacles but are conducted to help craft or improve laws.

What does "In aid of legislation" mean? Under Article VI, Section 21 of the Philippine Constitution, the Senate, the House of Representatives, or any of their respective committees may conduct inquiries in aid of legislation, provided these follow duly published rules of procedure.

The rationale behind this provision is that lawmakers need sufficient information to create effective and well-informed policies. These hearings aim to investigate pressing legal and societal issues, with the hope of drafting or amending laws to address them.

Here are some key facts to better understand inquiries in aid of legislation and their legal framework:

1. The Purpose of Legislative Inquiries

According to the Supreme Court, inquiries in aid of legislation serve as tools for lawmakers to gather information that will help them legislate wisely and effectively. Even if a hearing does not directly lead to new legislation, it can still serve to assess whether existing laws need improvement.

For instance, the House Committee on Good Government and Public Accountability has been investigating the alleged misuse of confidential funds by government agencies, particularly the Office of the Vice President (OVP) and the Department of Education (DepEd). These hearings have led to the filing of bills aimed at ensuring proper fund utilization.

2. The Scope and Limits of Legislative Investigations

For a congressional inquiry to be valid, it must be directly related to a constitutional power granted to Congress, such as enacting laws or disciplining its members.

Without this connection, hearings risk becoming political spectacles rather than productive discussions. In past investigations, legislative bodies have proposed measures to enhance transparency, regulate fund utilization, and strengthen accountability mechanisms. At times, these inquiries have also led to formal complaints or calls for disciplinary action against public officials.

3. Safeguards Against Abuse of Power

The Supreme Court, in Senate v. Ermita, established three key safeguards to prevent the abuse of power in legislative inquiries. First, the inquiry must have a legitimate legislative purpose; without this, it exceeds congressional authority. Second, investigations must adhere to established and published procedural rules to ensure fairness and transparency. Third, the rights of witnesses, including the constitutional protection against self-incrimination, must be upheld. While congressional hearings can be intense and contentious, proper decorum is generally maintained, with committee chairpersons stepping in to restore order when necessary.

4. Legislative Inquiries vs. Judicial Proceedings

In Bengzon v. Senate Blue Ribbon Committee, the Supreme Court ruled that legislative inquiries must not usurp judicial functions.

Courts conduct hearings to settle actual disputes between parties based on existing laws, while Congressional inquiries are meant to gather information for potential lawmaking. This is why witnesses sometimes refuse to answer certain questions, citing an ongoing court case.

5. The Power to Cite for Contempt

Congress has the authority to cite individuals for contempt during hearings. The Supreme Court has upheld this power, recognizing it as a necessary tool for legislative investigations.

However, this power must be exercised with caution and within legal limits. Lawmakers must adhere to procedural guidelines and respect the constitutional rights of individuals involved. This raises the question: Are congressional committees consistently following these legal safeguards?

Understanding the legal basis and limitations of inquiries in aid of legislation helps us appreciate their role in governance. While congressional investigations are sometimes viewed as political spectacles, they can also be instrumental in shaping policies that impact our nation. The challenge lies in ensuring that these inquiries remain fair, legal, and truly beneficial to the legislative process.