OPENING STATEMENT OF MAJORITY LEADER FRANCIS ‘TOL’ TOLENTINO
Blue Ribbon Committee (Subcommittee on the Philippine War on Illegal Drugs)

Mr. President, this Senate hearing’s motivation is probably understandable. There is indeed, to the minds of those knowledgeable in law, a seeming conflict between a presumption of regularity as to what this committee will be doing and the presumption of innocence insofar as the rights of those, perhaps not yet indicted, resource persons present here today. Mr. Chairman, balancing the general public interest as against individual rights is probably the duty of this committee.
And that is your job today, Mr. Chairman.

In proceeding with today’s investigation, I have studied the long line of constitutional authority emanating from the Constitution to the recognition by the Constitution itself of the right of the House of Representatives or the Senate to formulate its own rules. And under our rules, a Blue Ribbon Committee was indeed established. And a Blue Ribbon Committee, just like any other committee, can delegate the functions of the said committee to a subcommittee. And that is what we are doing right now, Mr. Chairman, if I’m not mistaken. Again, the presumption of regularity is there.

The constitutional chain of authority having been established is there. But what is now needed, Mr. Chairman, is for the committee to really, as what the Senate President Pro Tempore mentioned a while ago, exercise and allow that the word respect should permeate the proceedings today, Mr. President. There should be respect for each other while we are discussing the contents, the context of our hearing today.

There is only one thing I would like to add, Mr. Chairman, that most probably is not being used yet. And I’m now addressing my colleagues here, the members of the Bar, lawyers here in attendance.

When a resourced person is asked and he refuses legally not to answer a question, he can invoke the right against self-incrimination. That is provided for under the Constitution. That is legal. But we have a case, Mr. President, Mr. Chairman, which should now be incorporated under our rules, that before a resourced person can be declared incited in contempt, that he or she be given the right to explain why he or she should not be cited in contempt.
That was part of the latest Supreme Court dicta in the Ong case.

Number two, and this has not yet been raised in all investigations that I have attended ever since, there is a second, and I’m now aiding the lawyers here in attendance, that there is a second right that can be invoked by a resourced person in refusing to answer a question. And that right would sound something like this. I refuse to answer the question because this is not pertinent to the inquiry under consideration. Mr. Chairman, the word inquiry is part of our rules. That is section three, wherein a jurisdictional challenge can be raised.

Questions should be pertinent or relevant to the inquiry. That has never been raised in a long line of decided cases in other jurisdictions. Refusal to answer a question on the set ground has been sustained.
Mr. President, I raise that point because first, before I again proceed with my opening statement,I would like to thank President Duterte for inviting this committee, this subcommittee,to clarify what needs to be clarified. (4:50) We recognize your rights. This committee also recognizes the rights of all who are here. And that should be respected.The Senate’s power to investigate is not merely a procedural exercise. It is a profound duty that enables us to uncover the truth, foster transparency, and safeguard public trust.Yet, in our pursuit of the truth, we are guided by the unyielding principles of the Bill of Rights, a cornerstone of our democracy that protects the freedoms and dignity of every Filipino. That is what I said earlier. It is difficult for the chairman of this committee to balance public interest as against individual rights.
The Bill of Rights ensures that even as we seek accountability, no individual rights to due process, protection from self-incrimination, nor presumption of innocence is compromised. These rights are not obstacles to the truth, but essential safeguards that uphold justice and strengthen our commitment to the rule of law. As we carry our investigative duties today, which is a broad information gathering given possible future legislative measures, let us reaffirm that truth can only be pursued within the framework of respect for these fundamental freedoms.

By doing so, we not only fulfill our mandate, but honor the democratic principles that protect our people. Maraming salamat po, Senator Pimentel, maraming salamat sa Blue Ribbon Committee.