Standard Charted Bank Phil v Senate

[G.R. No. 167173; December 7! ""7#

Petition for Prohibition
- With prayer for issuance of Temporary Restraining Order
and/or Injunction
- Dated and fled Mar ! "##$%
- Purpose& to enjoin respondents from
% proceeding 'ith its in(uiry pursuant to Phil )enate *P)+ ,o% --
"% compelling petitioners *o.icers of )/01Phils+ to attend and justify
before any hearing to be conducted by respondents particularly
set on Mar $! "##$% enforcing any 2old Departure Order *2DO+
and/or putting petitioner on Watch 3ist
4lso prays for&
5% annulment of )60PO7,4 4D T7)TI8I/4,D6M and D6/7)
T7/6M issued to P%
SUBPOENA AD TESTIFICANDUM& 4 process to cause a
'itness to appear and gi9e testimony! under conditions therein
mentioned%
SUBPOENA DUCES TECUM& a command to produce
documents
FACTS
% 8eb "##$% )enator :uan Ponce 7nrile *;/ of R+ deli9ered a
pri9ilege speech < 4rrogance of Wealth%
- 0ased on a letter from 4tty% Mar= 0acobo denouncing )/0
Phils for selling unregistered securities in 9iolation of the
)ecurities Regulation /ode *R4 >?@@+
- 4ccording to letter! P is reported to ha9e a sale of
unregistered and high1ris= securities by )tandard
/hartered 0an= 'hich resulted in billions of losses to the
in9esting public
- 6rging the )enate to immediately conduct an in(uiry! aid in
legislation! to pre9ent the occurrence of a similar
fraudulent acti9ity in the future%
"% )en% 8rancis Pangilinan motioned the speech to be referred to
R% P) Resolution 'as earler been introduced by )en% 7nrile%
5% R in9ited petitioners and other resource persons to attend
hearing% On 8eb ">! "##$ 'hen the in9estigation 'as
commenced! )enator 7nrile mo9ed that subpoena be issued to
those 'ho did not attend and re(uested Dept of :ustice to issue
an 2DO against them or include them in the Watch 3ist%
A% P 'ere later ser9ed )60PO7,4 4D T7)TI8I/4,D6M and
D6/7) T7/6M to compel them to attend the neBt set hearing!
thus they fled this petition%
$% The issues raised against )/0 Phils regarding the selling of
unregistered foreign documents are already foreign securities%
Primary& Did the )enate 0lue Ribbon /ommittee ha9e jurisdiction
o9er the case at barC
HELD
Petition for Prohibition 1D7,I7D! lac= of merit%
)enate 0lue Ribbon /ommittee has jurisdiction o9er the matter%
RATIO
4% 0engDon :r 9 )enate 0lue Ribbon /ommittee E does not apply
in this case%
- 1The similarity of 0engDon :r and of this case is only until
the presence of cases already pending in 9arious courts and
admin bodies regarding the matter to be in9estigated%
- 10engDon :r! 'as not in aid of legislation% The speech
therein contained no contemplated legislation
- On the other hand! this case is eBplicit on the nature of the
in(uiry! as stated in last 5 W27R74) clauses in P%)%
Re$ol%tion No 166.
a% eBisiting la's including the )ecurities Regulation /ode
seem to be inade(uate
b% the regulatory inter9ention by the )7/ and 0)P li=e'ise
appear to be inade(uate%
c% there is a need for remedial legislation to address the issue%
- /onclusion of 7nrileFs pri9ilege speech& conduct an in(uiry!
in aid of legislation%
0% landmar= case 4mault 9% ,aDareno
- 1the po'er of in(uiry is an essential and appropriate
auBiliary to the legislati9e function%
- 1P cannot claim to ha9e been singled out by R before there
are other resource persons in9ited to help them in the case%
- 1purpose of the in9estigation& (uest for remedies! to
pre9ent recurrence
- independent of the judiciary! it can assest its authority and
punish non1compliance%
/% Right of pri9acy 111not absolute right% *)ec "! 4RT ;I of /onsti+
Sabio v Gordon, Right to privacy is not absolute where there is
an overriding compelling state interest.