Pimentel v. Senate Committee (G.R. No. 187714; March 8, 2011)
CASE DIGEST: AQUILINO Q. PIMENTEL, JR., et al. v. SENATE COMMITTEE OF THE
WHOLE
FACTS: On 8 October 2008, Senator Madrigal introduced P.S. Resolution 706, which directed the Senate Ethics Committee to investigate the alleged double insertion of P200 million by Senator Manny Villar into the C5 Extension Project. After the election of Senator Juan Ponce Enrile as Senate President, the Ethics Committee was reorganized, but the Minority failed to name its representatives to the Committee, prompting a delay in the investigation. Thereafter, the Senate adopted the Rules of the Ethics Committee
In another privilege speech, Senator Villar stated he will answer the
accusations before the Senate, and not with the Ethics Committee. Senator
Lacson, then chairperson of the Ethics Committee, then moved that the
responsibility of the Ethics Committee be transferred to the Senate as a
Committee of the Whole, which was approved by the majority. In the hearings of
such Committee, petitioners objected to the application of the Rules of the
Ethics Committee to the Senate Committee of the Whole. They also questioned
the quorum, and proposed amendments to the Rules. Senator Pimentel raised the
issue on the need to publish the rules of the Senate Committee of the Whole.
[5] The Constitution does not require publication of the
internal rules of the House or Senate. Since rules of the House or the Senate
that affect only their members are internal to the House or Senate, such rules
need not be published, unless such rules expressly provide for their
publication before the rules can take effect. Hence, in this particular case,
the Rules of the Senate Committee of the Whole itself provide that the Rules
must be published before the Rules can take effect. Thus, even if publication
is not required under the Constitution, publication of the Rules of the Senate
Committee of the Whole is required because the Rules expressly mandate their
publication. PARTIALLY GRANTED.
FACTS: On 8 October 2008, Senator Madrigal introduced P.S. Resolution 706, which directed the Senate Ethics Committee to investigate the alleged double insertion of P200 million by Senator Manny Villar into the C5 Extension Project. After the election of Senator Juan Ponce Enrile as Senate President, the Ethics Committee was reorganized, but the Minority failed to name its representatives to the Committee, prompting a delay in the investigation. Thereafter, the Senate adopted the Rules of the Ethics Committee
In another privilege speech, Senator Villar stated he will answer the
accusations before the Senate, and not with the Ethics Committee. Senator
Lacson, then chairperson of the Ethics Committee, then moved that the
responsibility of the Ethics Committee be transferred to the Senate as a
Committee of the Whole, which was approved by the majority. In the hearings of
such Committee, petitioners objected to the application of the Rules of the
Ethics Committee to the Senate Committee of the Whole. They also questioned
the quorum, and proposed amendments to the Rules. Senator Pimentel raised the
issue on the need to publish the rules of the Senate Committee of the Whole.
ISSUES: [1] Is Senator Madrigal, who filed the complaint against Senator Villar, an
indispensable party in this petition?
[2] Is the petition premature for failure to observe the doctrine of
primary jurisdiction or prior resort?
[3] Is the transfer of the complaint against Senator Villar
from the Ethics Committee to the Senate Committee of the Whole
violative ofSenator Villar's right to equal protection?
[4] Is the adoption of the Rules of the Ethics Committee as Rules of the
Senate Committee of the Whole violative of Senator Villar's
right to due process and of the majority quorum requirement under Art.
VI, Section 16(2) of the Constitution?
[5] Is publication of the Rules of the Senate Committee of the Whole
required for their effectivity?
HELD: [1] An indispensable party is a party who has an
interest in the controversy or subject matter that a final adjudication cannot
be made, in his absence, without injuring or affecting that interest. In this
case, Senator Madrigal is not an indispensable party to the petition before
the Court. While it may be true that she has an interest in the outcome of
this case as the author of P.S. Resolution 706, the issues in this case are
matters of jurisdiction and procedure on the part of the Senate Committee of
the Whole which can be resolved without affecting Senator Madrigal's interest.
[2] The doctrine of primary jurisdiction does not apply to
this case. The issues presented here do not require the expertise, specialized
skills and knowledge of respondent for their resolution. On the contrary, the
issues here are purely legal questions which are within the competence and
jurisdiction of the Court.
[3] While ordinarily an investigation about one of its
members alleged irregular or unethical conduct is within the jurisdiction of
the Ethics Committee, the Minority effectively prevented it from pursuing the
investigation when they refused to nominate their members to the Ethics
Committee. The referral of the investigation to the Committee of the Whole was
an extraordinary remedy undertaken by the Ethics Committee and approved by a
majority of the members of the Senate, and not violative of the
right to equal protection.
[4] The adoption by the Senate Committee of the Whole of
the Rules of the Ethics Committee does not violate Senator Villar's
right to due process. The Constitutional right of the Senate to
promulgate its own rules of proceedings has been recognized and affirmed
by this Court in Section 16(3), Article VI of the Philippine Constitution,
which states: "Each House shall determine the rules of its proceedings."
