The Ateneo Law Class of 1997 has issued a statement emphasizing the importance of integrity and proper interpretation of the law, particularly in the context of the current political crisis involving Senate President Alan P. Cayetano. The statement underscores that integrity means doing what is right even when no one is watching, a principle expected of every Ateneo-trained lawyer.
Fundamental Principles of Government
The statement reiterates that the three branches of government are co-equal but have distinct responsibilities. The Executive implements laws and holds the sword, Congress makes laws and controls the purse, and the Supreme Court interprets the law and resolves conflicts. No branch may usurp the powers of another, and each must operate within its constitutional sphere.
Executive Presumption and Senate's Role
The Executive is entitled to a presumption of regularity in its actions and must be followed in carrying out its duties. If the Senate disagrees with the Executive, it can seek recourse from the Supreme Court or pass legislation to counter the Executive. The Senate cannot simply defy the Executive's implementation of the law or assume the role of the judiciary by resolving conflicts unilaterally.
Ombudsman's Constitutional Mandate
In cases of abuse or conflict among branches, the Ombudsman has the constitutional authority to act independently, motu proprio, without need of a complaint, as the Protector of the People. The Ombudsman is part of the government but independent of all three branches.
Current Crisis and Senate Overreach
The statement asserts that the Senate has exceeded its powers, abrogating functions reserved for the Executive and Judiciary, thus disturbing the balance of power. It has also disobeyed a lawful subpoena from the Ombudsman.
Appeal to Senate President Cayetano
The Ateneo Law Class of 1997 appeals to their batchmate, Senate President Cayetano, to remember their legal training and adhere to their oath. They urge him to:
- Base pronouncements on known facts and avoid convenient interpretations, studying his own case Pangilinan vs. Cayetano (G.R. No. 238875).
- Acknowledge that the Senate lacks police power and must yield to lawful law enforcement directives. The Office of the Sergeant-At-Arms is a security agency with limited authority.
- Recognize the limited scope of parliamentary immunity from arrest, which does not extend to offenses with penalties exceeding six years. Harboring Senator dela Rosa constitutes a criminal offense of harboring a fugitive.
- Honor the Ombudsman's constitutional power to request assistance by turning over all CCTV recordings for investigation of the alleged attack on the Senate.
Call to Live by Ateneo Ideals
The statement concludes by reminding Senate President Cayetano of the guidance of St. Thomas More: to be men and women for others while serving God above all else. They urge him to reflect on the law and heed the counsel of Justice Pompeyo Diaz to be true acolytes of the law with a passion for truth and justice. Fiat justitia, ruat caelum — Let justice prevail though the heavens fall.
The statement is signed by individual members of the Ateneo Law Class of 1997, including Rainier M. David, Albert Vincent Y. Yu Chang, Jorge Alfonso C. Melo, and others.
