amado 2

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.

            Before the Court is a petition for prohibition¹ with prayer for issuance of a writ of preliminary injunction and/or temporary restraining order filed by Senators Aquilino Q. Pimentel, Jr. (Senator Pimentel), Manuel B. Villar (Senator Villar), Joker P. Arroyo, Francis N. Pangilinan, Pia S. Cayetano, and Alan Peter S. Cayetano (petitioners). Petitioners seek to enjoin the Senate Committee of the Whole (respondent) from conducting further hearings on the complaint filed by Senator Maria Ana Consuelo A.S. Madrigal (Senator Madrigal) against Senator Villar pursuant to Senate Resolution No. 706 (P.S. Resolution 706) on the alleged double insertion of P200 million for the C-5 Road Extension Project in the 2008 General Appropriations Act.

FACTS:

       On 15 September 2008, Senator PanfiloLacson (Senator Lacson) delivered a privilege speech entitled "Kabanng Bayan, Bantayan!"² In his privilege speech, Senator Lacson called attention to the congressional insertion in the 2008 General Appropriations Act, particularly the P200 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 P200 million appropriated for the extension of C-5 road including ROW. Senator Lacson stated that C-5 is what was formerly called President Carlos P. Garcia Avenue and that the second appropriation covers the same stretch – from Sucat Luzon Expressway to Sucat Road in Parañaque City. Senator Lacson inquired from DBM Secretary Rolando Andaya, Jr. about the double entry and was informed that it was on account of a congressional insertion. Senator Lacson further stated that when he followed the narrow trail leading to the double entry, it led to Senator Villar, then the Senate President.

On 8 October 2008, Senator Madrigal introduced P.S. Resolution 706,³ the full text of which reads:

WHEREAS the Senate President has repeatedly and publicly "advocated" (sic) the construction of the C-5 Road/Pres. C.P. Garcia Avenue Extension linking Sucat Road in Parañaque City to the South Luzon Expressway;

WHEREAS it was discovered that there was a double insertion of P200 million for the C-5 Road Extension project in the 2008 General Appropriations Act;

WHEREAS Committee on Finance Chair Sen. Juan Ponce Enrile confirmed that the double insertion for the C-5 Road Extension Project was made by the Senate President;

WHEREAS this double insertion is only the tip of the iceberg;

WHEREAS there is overwhelming evidence to show that the Senate President, from the time he was member of the House of Representatives, used his influence on the executive to cause the realignment of the C-5 Road Extension project to ensure that his properties in Barangay San Dionisio, Parañaque City and Barangays PulangLupa and Mayuno Uno, Las Piñas would be financially benefited by the construction of the new road;

WHEREAS there is overwhelming evidence to show that the Senate President, through his corporations, negotiated the sale of his properties as roads right of way to the government, the same properties affected by the projects he proposed;

WHEREAS there is overwhelming evidence to show that the Senate President caused the sale of his landholdings to government as a grossly overpriced cost prejudicial to other lot owners in the area, the government, and the Filipino people;

WHEREAS there is overwhelming evidence to show that the Senate President, in the overpriced sale of another property, used his power and influence to extort from the original landowner the profit made from the overprice by the Villar owned corporations;

WHEREAS these acts of the Senate President are in direct violation of the Constitution, the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards of Public Officers;

WHEREAS the Senate President has violated the public trust of the people in order to serve his personal interests thereby sacrificing the people’s welfare;

WHEREAS the illegal and unethical conduct of the Senate President has betrayed the trust of the people, and by doing so has shamed the Philippine Senate;

WHEREAS it is incumbent upon the members of the Senate now to reclaim the people’s trust and confidence and show that the illegal conduct of any of its member, even of its leaders, shall not go unpunished;

WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, TO DIRECT THE COMMITTEE ON ETHICS AND PRIVILEGES TO INVESTIGATE THE CONDUCT OF 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 IN HUGE PERSONAL FINANCIAL BENEFITS FOR HIM TO THE DETRIMENT OF THE FILIPINO PEOPLE, THEREBY RESULTING IN A BLATANT CONFLICT OF INTEREST.

Adopted,

(Sgd.)
M.A. MADRIGAL⁴

On even date, P.S. Resolution 706 was referred to the Committee on Ethics and Privileges (Ethics Committee) which at that time was composed of the following members:

Sen. Pia S. Cayetano - Chairperson

Sen. Loren Legarda - Member in lieu of Sen. Madrigal

Sen. Joker Arroyo - Member

Sen. Alan Peter Cayetano- Member

Sen. Miriam Defensor-Santiago- Member

Sen. Gregorio Honasan - Member

Sen. PanfiloLacson - Inhibited and replaced by Sen. Rodolfo Biazon

On 17 November 2008, Senator Juan Ponce Enrile (Senator Enrile) was elected Senate President. The Ethics Committee was reorganized with the election of Senator Lacson as Chairperson, and Senators Richard Gordon, Gregorio Honasan, Loren Legarda, and Mar Roxas as members for the Majority. On 16 December 2008, Senator Lacson inquired whether the Minority was ready to name their representatives to the Ethics Committee.⁵ After consultation with the members of the Minority, Senator Pimentel informed the body that there would be no member from the Minority in the Ethics Committee.⁶ On 26 January 2009, Senator Lacson reiterated his appeal to the Minority to nominate their representatives to the Ethics Committee.⁷ Senator Pimentel stated that it is the stand of the Minority not to nominate any of their members to the Ethics Committee, but he promised to convene a caucus to determine if the Minority’s decision on the matter is final.⁸ Thereafter, the Senate adopted the Rules of the Senate Committee on Ethics and Privileges (Committee Rules) which was published in the Official Gazette on 23 March 2009.⁹

On 20 April 2009, Senator Villar delivered a privilege speech¹⁰ where he 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 speech¹¹ where he stated that the Ethics Committee was not a kangaroo court. However, 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 undertaken 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.¹²

Respondent Senate Committee of the Whole conducted its hearings on 4 May 2009, with eleven Senators present, and on 7 May 2009, with eight Senators present. On both hearings, petitioners objected to the application of the Rules of the Ethics Committee to the Senate Committee of the Whole. In particular, petitioners questioned the determination of the quorum. On 11 May 2009, petitioners proposed 11 amendments to the Rules of the Ethics Committee that would constitute the Rules of the Senate Committee of the Whole, out of which three amendments were adopted. On 14 May 2009, Senator Pimentel raised as an issue the need to publish the proposed amended Rules of the Senate Committee of the Whole. On even date, respondent proceeded with the Preliminary Inquiry on P.S. Resolution 706. On 18 May 2009, the Chairman submitted a report on the Preliminary Inquiry with a directive to all Senators to come up with a decision on the preliminary report on 21 May 2009. On 21 May 2009, respondent declared that there was substantial evidence to proceed with the adjudicatory hearing. The preliminary conference was set on 26 May 2009.

ISSUES:

1. Whether Senator Madrigal, who filed the complaint against Senator Villar, is an indispensable party in this petition;

2. Whether the petition is premature for failure to observe the doctrine of primary jurisdiction or prior resort;

3. Whether the transfer of the complaint against Senator Villar from the Ethics Committee to the Senate Committee of the Whole is violative of Senator Villar’s right to equal protection;

4. Whether the adoption of the Rules of the Ethics Committee as Rules of the Senate Committee of the Whole is a violative of Senator Villar’s right to due process and of the majority quorum requirement under Art. VI, Section 16(2) of the Constitution; and

5. Whether publication of the Rules of the Senate Committee of the Whole is required for their effectivity.

RULLING:

Indispensable Party

            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. The nature of Senator Madrigal’s interest in this case is not of the nature that this case could not be resolved without her participation.1awphi1

The doctrine of primary jurisdiction does not apply to this case. The Court has ruled:

            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, and not an administrative agency or the Senate to resolve.¹⁹

            As regards respondent’s invocation of separation of powers, the Court reiterates that "the inviolate doctrine of separation of powers among the legislative, executive or judicial branches of government by no means prescribes for absolute autonomy in the discharge by each of that part of the governmental power assigned to it by the sovereign people."²⁰ Thus, it has been held that "the power of judicial review is not so much power as it is  duty imposed on this Court by the Constitution and that we would be remiss in the performance of that duty if we decline to look behind the barriers set by the principle of separation of powers."²¹ The Court, therefore, is not precluded from resolving the legal issues raised by the mere invocation by respondent of the doctrine of separation of powers. On the contrary, the resolution of the legal issues falls within the exclusive jurisdiction of this Court.

Transfer of the Complaint from the Ethics Committee

to the Senate Committee on the Whole

           

            Reviewing the events that led to the constitution of the Senate Committee of the Whole, the Court notes that upon the election of Senator Enrile as Senate President on 17 November 2008, the Ethics Committee was also reorganized. Senator Lacson, who first called the Senate’s attention to the alleged irregularities committed by Senator Villar, was elected as Chairperson. On 16 December 2008, when Senator Lacson inquired whether the Minority was ready to name their representatives to the Ethics Committee, Senator Pimentel informed the body that there would be no member from the Minority in the Ethics Committee. On 26 January 2009, Senator Lacson reiterated his appeal to the Minority to nominate their representatives to the Ethics Committee. Senator Pimentel informed him that it is the stand of the Minority not to nominate any of their members to the Ethics Committee. Senator Pimentel promised to convene a caucus to determine if the Minority’s decision on the matter is final but the records did not show that a caucus was convened.

            The Rules of the Ethics Committee provide that "all matters relating to the conduct, rights, privileges, safety, dignity, integrity and reputation of the Senate and its Members shall be under the exclusive jurisdiction of the Senate Committee on Ethics and Privileges."²² However, in this case, the refusal of the Minority to name its members to the Ethics Committee stalled the investigation. In short, 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. Even Senator Villar called the Ethics Committee a kangaroo court and declared that he would answer the accusations against him on the floor and not before the Ethics Committee. Given the circumstances, 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.

Adoption of the Rules of the Ethics Committee

by the Senate Committee of the Whole

           

            The referral of the investigation by the Ethics Committee to the Senate Committee of the Whole is an extraordinary remedy that does not violate Senator Villar’s right to due process. In the same manner, 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. Thus:

First. Section 16(3), Article VI of the Philippine Constitution states: "Each House shall determine the rules of its proceedings."

This provision has been traditionally construed as a grant of full discretionary authority to the House of Congress in the formulation, adoption and promulgation of its own rules. As such, the exercise of this power is generally exempt from judicial supervision and interference, except on a clear showing of such arbitrary and improvident use of the power as will constitute a denial of due process.

The only limitation to the power of Congress to promulgate its own rules is the observance of quorum, voting, and publication when required. As long as these requirements are complied with, the Court will not interfere with the right of Congress to amend its own rules.

Prior Publication

In this case, the proceedings before the Senate Committee of the Whole affect only members of the Senate since the proceedings involve the Senate’s exercise of its disciplinary power over one of its members. Clearly, the Rules of the Senate Committee of the Whole are internal to the Senate. 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.

WHEREFORE, we 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.

SO ORDERED.

RAMON D. AMADO

LLB 3^RD YEAR

EVIDENCE