‘GMA can stop AFP from facing Congress’

Voting 13-0, the Supreme Court (SC) declared yesterday that President Arroyo, as commander-in-chief of the Armed Forces of the Philippines (AFP), has the constitutional authority to prevent any member of the military from testifying in a congressional inquiry.

In a 34-page decision penned by Associate Justice Dante Tinga, the SC junked the petition filed by Brig. Gen. Francisco Gudani and Lt. Col. Alexander Balutan against former AFP chief of staff Lt. Gen. Generoso Senga, pre-trial officer Col. Gilberto Jose Roa, the AFP provost marshall general and the general court martial, which seeks to reverse Mrs. Arroyo’s Executive Order 464.

The order prevents military officers from appearing in a legislative hearing without her prior consent.

"We hold that the President has constitutional authority to do so, by virtue of her power as commander-in-chief, and that as a consequence, a military officer who defies such injunction is liable under military justice," the SC said in its ruling.

The high court explained that Congress holds significant control over the Armed Forces on matters such as budget appropriations and the approval of higher rank promotions.

"Yet it is on the President that the Constitution vests the title as commander-in-chief and all the prerogatives and functions appearing to the position," it said.

However, the SC said members of the military may be compelled to attend legislative inquiries, even if the President desires otherwise, through a judicial order.

Gudani and Balutan were among the AFP officers who were invited by the Senate committee on national defense and security on Sept. 28 last year to testify in connection with the alleged massive cheating in the 2004 elections.

The day before Gudani and Balutan could testify, they were given orders by Senga, as per the instruction of the President, that "no AFP personnel shall appear before any congressional or Senate hearing without the President’s approval."

Despite Senga’s orders, Gudani and Balutan appeared and testified before the Senate on the conduct of the 2004 elections and they were subsequently charged for violating the Articles of War 65 and 97.

Both Gudani and Balutan said that the EO 464 is a "gag order" that interferes with Congress’ power to investigate in aid of legislation.

The SC said that although Gudani had already retired on Oct. 4, 2005, the military can still hold him liable because the acts attributed to him and the initiations of the proceedings occurred while he was still in active duty as a military officer. — Jose Rodel Clapano