Arroyo vs. De Venecia G.R. No.

127255, August 14, 1997

Facts: A petition was filed challenging the validity of RA 8240, which amends certain
provisions of the National Internal Revenue Code. Petitioners, who are members of the House of
Representatives, charged that there is violation of the rules of the House which petitioners claim
are constitutionally-mandated so that their violation is tantamount to a violation of the
Constitution.

The law originated in the House of Representatives. The Senate approved it with certain
amendments. A bicameral conference committee was formed to reconcile the disagreeing
provisions of the House and Senate versions of the bill. The bicameral committee submitted its
report to the House. During the interpellations, Rep. Arroyo made an interruption and moved to
adjourn for lack of quorum. But after a roll call, the Chair declared the presence of a quorum.
The interpellation then proceeded. After Rep. Arroyo’s interpellation of the sponsor of the
committee report, Majority Leader Albano moved for the approval and ratification of the
conference committee report. The Chair called out for objections to the motion. Then the Chair
declared: “There being none, approved.” At the same time the Chair was saying this, Rep.
Arroyo was asking, “What is that…Mr. Speaker?” The Chair and Rep. Arroyo were talking
simultaneously. Thus, although Rep. Arroyo subsequently objected to the Majority Leader’s
motion, the approval of the conference committee report had by then already been declared by
the Chair.

On the same day, the bill was signed by the Speaker of the House of Representatives and the
President of the Senate and certified by the respective secretaries of both Houses of Congress.
The enrolled bill was signed into law by President Ramos.

Issue: Whether or not RA 8240 is null and void because it was passed in violation of the rules of
the House
Held:
Rules of each House of Congress are hardly permanent in character. They are subject to
revocation, modification or waiver at the pleasure of the body adopting them as they are
primarily procedural. Courts ordinarily have no concern with their observance. They may be
waived or disregarded by the legislative body. Consequently, mere failure to conform to them
does not have the effect of nullifying the act taken if the requisite number of members has agreed
to a particular measure. But this is subject to qualification. Where the construction to be given to
a rule affects person other than members of the legislative body, the question presented is
necessarily judicial in character. Even its validity is open to question in a case where private
rights are involved.

In the case, no rights of private individuals are involved but only those of a member who, instead
of seeking redress in the House, chose to transfer the dispute to the Court.

The matter complained of concerns a matter of internal procedure of the House with which the
Court should not be concerned. The claim is not that there was no quorum but only that Rep.
Arroyo was effectively prevented from questioning the presence of a quorum. Rep. Arroyo’s
earlier motion to adjourn for lack of quorum had already been defeated, as the roll call
established the existence of a quorum. The question of quorum cannot be raised repeatedly
especially when the quorum is obviously present for the purpose of delaying the business of the
House.