Dela Paz v Senate Committee on Foreign Relations 579 SCRA 521 Feb.

13, 2009

Ponente: Nachura, J.

Facts:

- Spouses Eliseo dela Paz and Maria Fe dela Paz filed a petition for certiorari and prohibition
assailing the order of respondent Senate Committee on Foreign Relations, headed by
Chairperson Miriam Defensor Santiago, to:
o Deny petitioners’ Challenge to jurisdiction with motion to quash subpoena
o Commanding Senate Srgt. at Arms Balajadia Jr. to immediately arrest petitioners
during the Senate committee hearing

Background

- Philippine delegation of 8 PNP officers arrived at Moscow, Russia for the 77th general
Assembly Session of the International Criminal Police Organization (ICPO)-INTERPOL
- Gen Dela Paz (comptroller and special disbursing officer) of PNP was with the delegation
- Gen Dela Paz was apprehended at Moscow airport for failure to declare in written form the
105,000 euros (P 6 930 000) in his luggage + 45 000 euros (P 2 970 000) in his possession
- He was detained and eventually allowed to return (confiscating the euros)
- In Manila: subpoena was waiting for them by the Senate Committee on FR (for
investigation)
- First hearing: they did not attend; filed Challenge to Jurisdiction with Motion to quash
subpoena
- Petitioners say:
o Committee has no jurisdiction on the Moscow incident – bec it does not involve state
relations as provided in par 12, Sec 13, Rule 10 of Senate Rules of Procedure
o Committee violated Senate Rules by issuing warrant of arrest w/o signatures of
majority members of the Committee
o Very Senate Rules are invalid because they were not published as required by Consti

Issue:

W/N said Senate Committee on FR has jurisdiction on the matter (Moscow incident)?

Held:

Yes.

1. Art 6 Sec 16 (3) states “Each house shall determine the rules of its proceedings”
a. This is a grant of full discretionary authority to the House of Congress… exempts it
from judicial supervision (except only when there is an arbitrary and improvident
use of power denying due process)
b. This petition asks this court to inquire a matter within the full discretion of the
Senate. The issue is a political question.  so Court cannot intervene
2. Committee has acted within the sphere of its authority
 a. Par 12 Sec 13 Rule 10 of Senate Rules provide for a Committee on Foreign Relations
(concerned with matters relating Phils with other nations)
b. Moscow incident is within the Committee’s jurisdiction because it could create a
ripple with our relations with Russia. The matter affects Philippines international
obligations (UN Convention against Corruption and UN Convention Against
Transnational Organized Crime)  these two conventions deal with moving foreign
currency across borders  Moscow incident reflects if we comply or not with these
conventions
3. Legislative inquiry will be jointly conducted by respondent Committee and Blue Ribbon
Committee
a. Blue Ribbon Committee – can conduct investigations relating to malfeasance,
misfeasance, and nonfeasance in office by officers and employees of govt, its
branches, agency, subdivision and instrumentality and on any matter of public
interest on its own initiative or brought to its attention by any of its members
4. Even before the verbal order of Miriam Santiago to have them arrested, there was already a
formal written Order of arrest with 10 signatures (even with Senate President’s signature)
5. Philippine Senate has published its rules of procedure governing inquiries in aid of
legislation on 2 newspapers of general circulation
6. Arrest order is ineffectual  because in the legislative inquiry, Gen Dela Paz voluntarily
appeared and answered the questions by the Committee  since he submitted himself
under the jurisdiction of the Committee, no need for an arrest order
a. Order for the arrest of the wife was withdrawn for humanitarian consideration
(*wala to connect sa issue, inask lang ito ni Gen dela Paz na di na isama ung wife
nya…)

Art 6 Sec 21:

The Senate or the House of Representatives or any of its respective committees may conduct inquiries
in aid of legislation in accordance with its duly published rules of procedure. The rights of persons
appearing in or affected by such inquiries shall be respected.