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Legal experts on Friday said the absence of a secretariat and stenographers in the Blue Ribbon Committee hearing held by Senator Alan Peter Cayetano’s bloc on June 4 indicated an irregularity.

“The drafting of laws cannot be aided if senators have no record of what occurred and what was said. That is why what happened yesterday appears irregular,” a law expert said.

In a report on Friday, the Integrated Bar of the Philippines (IBP) said that the absence of a Senate secretary and stenographers is an indication of irregularities in the Cayetano bloc-led hearing.

“There was an irregularity in yesterday’s proceedings because, if you noticed based on the write-ups, there was no stenographer and no Senate secretary present… Because it lacked authority, it’s as if the proceeding didn’t even happen or take place at all,” an IBP official said.

Senator Erwin Tulfo, the Senate Blue Ribbon Committee chairman elected by Senator Win Gatchalian’s bloc, said the hearing was invalid.

“Because the hearing wasn’t recorded. There are no official Senate records or books for it, so it’s completely pointless even if they take oaths. Even if they submit that to the Ombudsman, it won’t be accepted,” Tulfo said.

During the June 4 hearing, some senators and the invited 18 “ex-Marines” resource persons implicated a list of individuals who allegedly received bags of cash in connection with the flood control scandal.

In Article VI, Section 11 of the 1987 Constitution, members of Congress are protected in all Senate hearings and statements given that they are within Senate premises.

“No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof,” a speech and debate clause of the Constitution reads.

“The court’s interpretation of that rule is broad. Even if a speech occurs outside of an active session, it cannot usually be penalized by outside entities—provided it takes place within the Senate premises and establishes a legislative link or nexus,” a law expert said.

The law grants the Senate the power to decide on disciplinary actions and hold its members accountable for making misleading or inaccurate statements.

“The law bars the penalization of a senator outside the halls of Congress… But within the chamber itself, and among peers, a lawmaker can be sanctioned for misconduct committed inside the Senate. For example, in the House of Representatives, the case of Kiko Barzaga,” the expert said.

As for the statements given by the invited resource speakers, no immunity will be given to them, whether the committee hearing is declared legal or not.

“Our laws regulate how a witness is granted immunity during a Senate inquiry. And looking at what happened yesterday, it appears those requirements were not followed,” the expert said.

The 18 “ex-Marines” are therefore exposed to libel and defamation complaints, according to the expert.

The resource persons’ immunity will only be provided once admitted under the state’s witness protection program.

On Friday, Tulfo, who is among those implicated in receiving kickbacks, said that he will be against the “ex-marines,” among others.

Blue Ribbon Committee

The “Blue Ribbon Committee” is a term used to describe a high-level, expert panel convened to investigate a specific issue or make recommendations, often in government, business, or education. Its name originates from the prestigious “Blue Ribbon” award at agricultural fairs, symbolizing excellence, and was popularized in the early 20th century for committees formed to address crises or complex problems. While not a single physical or cultural site, the concept represents a tradition of assembling distinguished individuals for impartial, thorough analysis.

Senate

The United States Senate is the upper chamber of Congress, established in 1789 as part of the legislative branch under the Constitution. It was designed to provide equal representation for each state, with two senators per state, and has played a key role in shaping American law, confirming presidential appointments, and ratifying treaties. Historically, the Senate has been a site of major political debates and decisions, including the passage of landmark civil rights legislation and impeachment trials.

Integrated Bar of the Philippines (IBP)

The Integrated Bar of the Philippines (IBP) is the national organization of all lawyers in the Philippines, established in 1973 by Supreme Court mandate. It serves as the official regulatory body for the legal profession, overseeing ethical standards, legal education, and the welfare of its members. The IBP also engages in public service, legal aid, and advocacy for the rule of law, playing a key role in the country’s judicial system.

Ombudsman

An ombudsman is an independent official appointed to investigate and address complaints made by individuals against public authorities or private organizations. Originating in Sweden in 1809, the role was created to ensure government accountability and protect citizens’ rights. Today, ombudsman offices exist worldwide, handling issues ranging from administrative misconduct to consumer protection.

1987 Constitution

The 1987 Constitution is the fundamental law of the Philippines, drafted and ratified following the overthrow of Ferdinand Marcos’s dictatorship. It was created by a constitutional commission appointed by President Corazon Aquino and overwhelmingly approved by the Filipino people in a national plebiscite on February 2, 1987. This constitution established a democratic republic with a presidential system, strong protections for civil liberties, and provisions to prevent the return of authoritarian rule.

Congress

The United States Congress is the legislative branch of the federal government, consisting of two chambers: the Senate and the House of Representatives. Established by the U.S. Constitution in 1789, it first met in New York City before moving to Philadelphia and finally to its permanent home in Washington, D.C., in 1800. The iconic Capitol building, which houses Congress, has been the site of major historical events, including presidential inaugurations and landmark legislative debates.

House of Representatives

The House of Representatives is the lower chamber of the United States Congress, established by the Constitution in 1789. Its membership is based on state population, with representatives elected every two years to propose and vote on federal legislation. Historically, it has been a key arena for major national debates, including the abolition of slavery, civil rights, and economic policy.

state’s witness protection program

The state’s witness protection program is a confidential system designed to safeguard individuals who provide crucial testimony in criminal cases, especially against organized crime or violent offenders. Originating in the United States in the 1960s with the federal Witness Security Program, it provides new identities, relocation, and financial support to ensure witnesses’ safety and cooperation. The program has since been adopted by various states, playing a vital role in securing convictions while balancing witness protection with legal and ethical challenges.