Compulsory Process and Congress' Oversight Function
In determining whether Congress correctly ordered Neri's arrest for his refusal to answer the three questions, a distinction must be first laid down between Sections 21 and 22, Article VI of the Philippine Constitution. Sec. 21 relates to the power to conduct inquiries in aid of legislation. Its aim is to elicit information that may be used for the enactment of laws. On the other hand, Sec. 22 pertains to the power to conduct a question hour, the objective of which is to obtain information in pursuit of Congress' oversight function over the executive department. Compulsory process is available in Congress' exercise of its powers under Sec. 21. In Sec. 22, it is NOT.
Senate vs. Ermita is clear: “When Congress merely seeks to be informed on how department heads are implementing the statutes which it has issued, its right to such information is not as imperative as that of the President to whom, as Chief Executive, such department heads must give a report of their performance as a matter of duty. In such instances, Section 22, in keeping with the separation of powers, states that Congress may only request their appearance. Nonetheless, when the inquiry in which Congress requires their appearance is ‘in aid of legislation’ under Section 21, the appearance is mandatory.”
Read more about this topic: Neri Vs. Senate
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“Uses are always much broader than functions, and usually far less contentious. The word function carries overtones of purpose and propriety, of concern with why something was developed rather than with how it has actually been found useful. The function of automobiles is to transport people and objects, but they are used for a variety of other purposes—as homes, offices, bedrooms, henhouses, jetties, breakwaters, even offensive weapons.”
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