Prepared by: Arvy L.
Agustin
Persons and Family Relations/ 1JD-D
CASE DIGEST ON
G.R. No. 187714
March 8, 2011
AQUILINO Q. PIMENTEL, JR., MANUEL B. VILLAR, JOKER P. ARROYO, FRANCIS N.
PANGILINAN, PIA S. CAYETANO, and ALAN PETER S. CAYETANO, Petitioners,
vs.
SENATE COMMITTEE OF THE WHOLE represented by SENATE PRESIDENT JUAN PONCE
ENRILE, Respondents.
TOPIC: Effectivity of Laws (Art. 2 of the Civil Code)
FACTS:
On 15 September 2008, Senator Lacson called the attention of the congressional insertion in the 2008
General Appropriations Act particularly the ₱200 million appropriated for the construction of the
President Carlos P. Garcia Avenue Extension from Sucat Luzon Expressway to Sucat Road in Parañaque
City including Right-of-Way (ROW and another ₱200 million appropriated for the extension of C-5 road
including ROW of the same stretch and discovers that the double entry leads to Senate President Villar.
On 08 October 2008, Senator Jamby Madrigal introduced P.S. Resolution 706, directing the Senate
Committee on Ethics and Privileges to investigate the conduct of then Senate President Manuel B. Villar,
Jr., for using his position of power to influence public officials in relocating the C-5 Road Extension
Project to deliberately pass thru his properties, and to negotiate the overpriced purchase of road rights of
way thru several properties also owned by his corporations redounding him in huge personal financial
benefits for him to the detriment of the Filipino people, resulting in a blatant conflict of interest. On the
same date P.S. Resolution 706 was referred to the Committee on Ethics and Privileges.
On 17 November 2008, Senator Juan Ponce Enrile (Senator Enrile) was elected Senate President and
Senator Lacson was elected as Chairperson of the Ethics Committee.
On 20 April 2009, Senator Villar delivered a privilege speech and stated that he would answer the
accusations against him on the floor and not before the Ethics Committee.
On 27 April 2009, Senator Lacson delivered another privilege speech, stating that due to the accusation
that the Ethics Committee could not act with fairness on Senator Villar’s case, Senator Lacson moved that
the responsibility of the Ethics Committee be adopted by the Senate, acting as a Committee of the
Whole. The motion was approved with ten members voting in favor, none against, and five abstentions.
The Senate Committee on the whole conducts its hearing on the P.S. Resolution 706 and on both hearings
the herein petitioners objected to the application of the rules of the Ethics Committee as rules of Senate
Committee of the whole. Amongst of the issue raised is the need to publish proposed amended Rules of
the Senate Committee of the Whole. Respondent's declared that there is substantial evidence to proceed
with the adjudicatory hearing and sets a preliminary conference.
Petitioners came to the Court for relief and one of the three grounds states that respondents likewise
violated the due process clause of the Constitution when it refused to publish the Rules of the Senate
Committee of the Whole in spite of its own provision requiring its effectivity upon publication.
ISSUE: Whether publication of the Rules of the Senate Committee of the Whole is required for their
effectivity. (YES)
RULING:
Respondent counters that publication is not necessary because the Senate Committee of the Whole merely
adopted the Rules of the Ethics Committee which had been published in the Official Gazette on 23 March
2009. Respondent alleges that there is only one set of Rules that governs both the Ethics Committee and
the Senate Committee of the Whole.
The Constitution does not require publication of the internal rules of the House or Senate, unless such
rules expressly provide for their publication before the rules can take effect. Clearly, the Rules of the
Senate Committee of the Whole are internal to the Senate, since it only affects their members,
However, Section 81, Rule 15 of the Rules of the Senate Committee of the Whole provides:
Sec. 81. EFFECTIVITY. These Rules shall be effective after publication in the Official Gazette or in a
newspaper of general circulation.29
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.
The publication requirement is considered as the 'will of the majority' since the majority of the members
of the Senate approved the Rules of the Senate Committee of Whole.
The respondents cannot dispense with the publication requirement just because the Rules of the Ethics
Committee had already been published in the Official Gazette. To reiterate, the Rules of the Senate
Committee of the Whole expressly require publication before the rules (they adopted from another
Committee) can take effect. To comply with due process requirements, the Senate must follow its own
internal rules if the rights of its own members are affected.
The Court GRANT the petition in part. The referral of the complaint by the Committee on Ethics and
Privileges to the Senate Committee of the Whole shall take effect only upon publication of the Rules of
the Senate Committee of the Whole.
