Legal and political rightsof Binay to snub Senate investigation

Under the doctrine of separation of powers, the Congress (Senate and House of Representatives) cannot subpoena or compel the President to appear before it to answer an investigation conducted by any of its committees.  If Congress cannot subpoena the President then the same should be applied to Vice President Jejomar Binay considering that the Office of the Vice President is regarded as a component of the Executive Department of the government.  Hence, Binay could not be forced by the Senate Blue Ribbon Committee to appear before it in connection with its inquiry on the alleged overpricing of Makati City Hall II.

Binay has the option not to attend the hearing since only an “invitation” and not a subpoena was sent to him to appear in the investigation.  The pendency of a plunder case against him before the Ombudsman which involves the same transaction further justifies his non-appearance in the Senate.