THE SUPREME COURT ruled that the President, as commander-in-chief of the Armed Forces of the Philippines (AFP), has the right to require military personnel to obtain prior consent before testifying in a legislative inquiry.
     In a unanimous decision penned by Justice Dante O. Tinga, the Court denied the petition filed by Brig. Gen. Francisco V. Gudani and Lt. Col. Alexander F. Balutan against AFP Chief of Staff Lt. Gen. Generoso Senga. Gudani and Balutan had asked the Court to declare the President’s directive preventing military officers from testifying before Congress without the President’s consent as unconstitutional, characterizing the same as a “gag order” that interferes with Congress’ power of investigation in aid of legislation. They likewise asked the Court to stop the AFP from continuing with court martial proceedings against them for violation of the Articles of War (Willfully Disobeying Superior Officer).
     The Court, however, held that the President has constitutional authority to prevent a member of the armed forces from testifying before Congress and any military officer who defies such injunction is liable under military justice.
     Gudani and Balutan were invited to appear before the Senate Committee on National Defense and Security in its inquiry into alleged cheating during the 2004 elections. The day before they were to testify in the senate inquiry, they were given orders by Gen. Senga, per instruction of the President, that “no AFP personnel shall appear before any congressional or senate hearing without [the President’s] approval.” Nonetheless, Gudani and Balutan appeared at the hearing and testified on the conduct of the 2004 elections and were subsequently charged with violating Articles of War 65 and 97. (Gudani and Balutan v. Senga, et al., GR No. 170165, August 15, 2006)