Topacio Mulls Supreme Court Petition vs Gatchalian Bloc Over Defensor Subpoena

In a recent ANC 24/7 report, Atty. Ferdinand Topacio outlined his consideration of a Supreme Court petition against Sen. Sherwin Gatchalian and the Senate blue ribbon committee. Topacio represents former congressman Mike Defensor, who skipped an NBI appearance on a second subpoena this week. The move follows ongoing hearings into flood control project irregularities that have drawn in multiple agencies and witnesses.

Topacio Weighs Supreme Court Challenge to Gatchalian Senate Panel Over Defensor Subpoena Dispute

Manila, Philippines – This week — Atty. Ferdinand Topacio is preparing a Supreme Court petition targeting Sen. Sherwin Gatchalian and the Senate blue ribbon committee. The filing would challenge the panel’s handling of the flood control investigation that involves his client, former congressman Mike Defensor. Topacio stated the petition aims to halt what he described as repeated overreach by the committee and the National Bureau of Investigation.

Background of the Flood Control Probe

The Senate blue ribbon committee under Sen. Sherwin Gatchalian began hearings on flood control project irregularities in recent weeks. The probe examines how funds allocated for flood mitigation projects were used across multiple government agencies. Hearings have focused on procurement processes and delivery of projects intended to protect communities from seasonal flooding.

Several agencies have been called to account during the sessions held at the Senate building in Manila. The investigation covers contracts awarded for infrastructure meant to serve barangays in flood-prone provinces. Lawmakers have questioned officials about the flow of money from the national budget through the Department of Budget and Management.

Communities in Quezon City and nearby areas have waited years for completed drainage systems that remain unfinished. Families in these barangays report repeated losses during heavy rains because promised flood control structures never materialized. The Senate hearings have highlighted how delays affect daily life for residents who rely on these projects.

The blue ribbon committee has scheduled further sessions to review documents from the implementing agencies. Topacio noted that the probe now intersects with separate proceedings involving Vice President Sara Duterte. This overlap has raised questions about coordination between the Senate and other investigative bodies.

The P5 Million Bribery Allegation

The NBI issued a subpoena to Mike Defensor after receiving a report that he offered P5 million to 18 alleged bagmen. Those 18 men claimed they delivered kickbacks to politicians and other personalities connected to flood control projects. NBI chief Matibag has stated that Defensor is not a suspect in the matter.

Topacio argued that the NBI cannot properly determine credibility in this case because the Ombudsman holds that authority. He said the agency’s actions amount to an improper delegation of investigative power. The 18 individuals appeared before the Senate blue ribbon committee during earlier hearings in Manila.

Residents in flood-affected barangays in Cebu and Davao have expressed frustration that funds meant for their protection may have been diverted. Workers who expected jobs from these infrastructure projects now face continued unemployment. The allegations have deepened public skepticism toward government spending on disaster preparedness.

Topacio maintained that the first subpoena issued to Defensor was already complied with, making the second one unnecessary. He described the sequence of events as part of a broader effort to pressure his client. The NBI has not filed formal charges against Defensor despite the public statements from the 18 men.

Defensor No-Show and Second Subpoena

Mike Defensor did not appear at the NBI this week despite receiving a second subpoena. Topacio explained that his client had already responded to the initial order and saw no legal basis for another appearance. The lawyer labeled the repeated summons a pattern of harassment aimed at former officials.

The NBI chief Matibag has publicly clarified that Defensor remains outside the list of suspects. Topacio countered that such statements do not prevent the agency from continuing to summon his client. He said the actions undermine due process for individuals connected to the flood control inquiry.

Students and teachers in schools near unfinished flood control sites in Baguio have had classes disrupted by flooding during the rainy season. Farmers in rural barangays have lost crops because drainage systems funded years ago were never completed. These daily disruptions trace back to the same projects now under Senate scrutiny.

Topacio stated that the Ombudsman alone should decide questions of witness credibility rather than the NBI. He warned that allowing the NBI to lead this process sets a dangerous precedent for future investigations. Defensor’s legal team continues to review options while the second subpoena remains unfulfilled.

Supreme Court Petition and Legal Strategy

Topacio is currently fine-tuning the Supreme Court petition against Sen. Sherwin Gatchalian and the Senate blue ribbon committee. The document will argue that the committee exceeded its authority by coordinating with the NBI on the Defensor matter. Legal grounds include claims that the Ombudsman’s role has been improperly bypassed.

The petition seeks to stop further enforcement of subpoenas tied to the flood control probe. Topacio said the filing will emphasize that Defensor already complied with the first NBI order. He expects the Supreme Court to review whether the Senate panel can delegate investigative functions to the NBI.

Jeepney drivers and sari-sari store owners in Manila have voiced concerns that prolonged political disputes will delay infrastructure repairs in their communities. OFWs who send remittances to support flood-hit families worry that funds will continue to be mismanaged. These groups see the legal battle as another obstacle to tangible improvements in their barangays.

Topacio accused NBI chief Matibag of acting as a Malacañang puppet in the handling of the case. He said this perception erodes trust in institutions meant to remain independent. The Supreme Court petition is expected to request a temporary restraining order while the merits are argued.

Fourteen More Bagmen and Threat Declarations

Fourteen additional bagmen were scheduled to appear before the Senate blue ribbon committee but cited threats as their reason for not attending. These individuals were expected to provide further details on the alleged kickback deliveries connected to flood control projects. Their absence has slowed the committee’s ability to gather complete testimony.

Topacio linked the threat declarations to the broader atmosphere surrounding the investigation. He said witnesses feel pressured from multiple directions, including political actors involved in the separate impeachment proceedings against Vice President Sara Duterte. The Senate panel has not yet rescheduled the appearances of these 14 men.

Barangay officials in flood-prone areas of Quezon City report that residents have lost faith in government promises after years of incomplete projects. Local leaders note that each delayed hearing means another rainy season without adequate protection. The missing witnesses add to the uncertainty felt by these communities.

The blue ribbon committee under Sen. Gatchalian continues to receive documents from other agencies while awaiting the 14 bagmen. Topacio stated that the threat claims highlight the need for the Ombudsman to take a more direct role. Without these testimonies, the full scope of the alleged irregularities remains unclear to the public.

Political Fallout and Failed State Warning

Topacio warned that the Philippines could become a failed state if the flood control mess is buried and Vice President Sara Duterte is convicted in the ongoing impeachment case. He tied the Senate investigation directly to the political proceedings against the vice president. The lawyer said both matters reflect deeper problems in how accountability is pursued.

Accusations that NBI chief Matibag serves as a Malacañang puppet have intensified partisan tensions in Congress. Topacio argued that such perceptions damage the credibility of law enforcement agencies. The Supreme Court petition is positioned as one way to restore balance between branches of government.

Workers employed in construction related to flood control projects have seen contracts stall amid the hearings. Families dependent on these jobs now face reduced income during the current economic period. The political disputes have real consequences for households across multiple provinces.

Topacio maintained that the Ombudsman must retain sole authority over credibility assessments in the bribery allegations. He said bypassing this process risks turning investigations into tools for political targeting. The warning about a failed state has prompted discussion among civil society groups monitoring the Senate proceedings.

What This Means for Ordinary Filipinos

Taxpayers across the country continue to fund flood control projects that remain incomplete due to the ongoing disputes. Communities in Manila and surrounding provinces experience annual flooding that damages homes and livelihoods. The legal and political battles have postponed repairs that residents have requested for years.

Students in DepEd schools located near flood zones have missed classes when water enters classrooms during storms. Health centers operated by the DOH have also reported disruptions when access roads become impassable. These service interruptions affect the most vulnerable populations first.

Topacio’s planned Supreme Court petition could extend the timeline before any resolution on the fund irregularities. Families waiting for infrastructure improvements now face additional months of uncertainty. The erosion of trust in the Senate, NBI, and other institutions makes residents less likely to cooperate with future government initiatives.

OFWs who contribute to local economies through remittances see their support diminished when projects meant to protect their families are delayed. The human cost appears in lost income, damaged property, and reduced access to basic services in affected barangays.

What to Watch For

The Supreme Court petition is expected to be filed within the coming weeks once Topacio completes the fine-tuning process. Senate blue ribbon committee hearings under Sen. Gatchalian are scheduled to continue regardless of the legal challenge. Observers will monitor whether the court issues any temporary orders affecting the NBI subpoenas.

Potential outcomes include a ruling that limits the Senate panel’s coordination with the NBI or affirms the current investigative approach. Topacio has indicated he will seek a restraining order to pause enforcement actions against Defensor. The 14 bagmen who cited threats may still be called if security arrangements are arranged.

Further developments in the connected impeachment proceedings against Vice President Sara Duterte could influence the political climate around the flood control probe. Lawmakers in both chambers of Congress are watching how the Supreme Court responds to the petition. Residents in flood-prone areas will track whether any ruling leads to faster project completion.

The coming months will test whether the institutions involved can separate political disputes from the delivery of basic infrastructure. Communities continue to bear the daily effects of unfinished flood control work while legal arguments proceed in Manila.

By Bella Reyes, Staff Writer