Professional Documents
Culture Documents
1. Arnault v. Nazareno
was committed to the custody of the Senate Sergeant-at-Arms for
Arnault v. Nazareno, G.R. No. L-3820, July 18, 1950 imprisonment until he answers the questions. He thereafter filed a
DECISION petition for habeas corpus directly with the Supreme Court
(En Banc) questioning the validity of his detention.
[W]e find that the question for the refusal to answer which We find no sound reason to limit the power of the legislative
the petitioner was held in contempt by the Senate is pertinent to body to punish for contempt to the end of every session and not to
the matter under inquiry. In fact, this is not and cannot be the end of the last session terminating the existence of that body.
disputed. Senate Resolution No. 8, the validity of which is not The very reason for the exercise of the power to punish for
challenged by the petitioner, requires the Special Committee, contempt is to enable the legislative body to perform its
among other things, to determine the parties responsible for the constitutional function without impediment or obstruction.
Buenavista and Tambobong estates deal, and it is obvious that the Legislative functions may be and in practice are performed during
name of the person to whom the witness gave the P440,000 recess by duly constituted committees charged with the duty of
involved in said deal is pertinent to that determination — it is in performing investigations or conducting hearing relative to any
fact the very thing sought to be determined. The contention is not proposed legislation. To deny to such committees the power of
that the question is impertinent to the subject of the inquiry but inquiry with process to enforce it would be to defeat the very
that it has no relation or materiality to any proposed legislation. We purpose for which that the power is recognized in the legislative
have already indicated that it is not necessary for the legislative body as an essential and appropriate auxiliary to is legislative
body to show that every question propounded to a witness is function. It is but logical to say that the power of self-preservation
is coexistent with the life to be preserved.
constitutional provision against self-incrimination, unless he is at
But the resolution of commitment here in question was the same time liable to prosecution and punishment for such
adopted by the Senate, which is a continuing body and which does violation. The witness cannot assert his privilege by reason of some
not cease exist upon the periodical dissolution of the Congress . . . fanciful excuse, for protection against an imaginary danger, or to
There is no limit as to time to the Senate’s power to punish for secure immunity to a third person.
contempt in cases where that power may constitutionally be
exerted as in the present case. It is the province of the trial judge to determine from all the
facts and circumstances of the case whether the witness is justified
3. NO, the petitioner may NOT rightfully invoke his in refusing to answer. A witness is not relieved from answering
right against self-incrimination. merely on his own declaration that an answer might incriminate
him, but rather it is for the trial judge to decide that question.
Since according to the witness himself the transaction was
legal, and that he gave the [P440,000.00] to a representative of
Burt in compliance with the latter’s verbal instruction, we find no
basis upon which to sustain his claim that to reveal the name of
that person might incriminate him. There is no conflict of
authorities on the applicable rule, to wit:
WHEREAS, the Senate holds and finds that the situation of the
FACTS:
said Jean L. Arnault has not materially changed since he was
This was a petition for habeas corpus filed by Jean Arnault against
committed to prison for contempt of the Senate, and since the
the Director of Prisons, Balagtas. Arnault was incarcerated
Supreme Court of the Philippines, in a judgment long since become
pursuant to a resolution by the Senate finding Arnault in contempt
final, upheld the power and authority of the Senate to hold the said
for refusing to disclose the name of a person with whom he
Jean L. Arnault in custody, detention, and confinement, said power
transacted business in relation to a government purchase of of the
and authority having been held to be coercive rather than punitive,
Buenavista and Tambobong estates. The circumstances of
and fully justified until the said Jean L. Arnault should have given
Arnault's incarceration are described in the companion case
the information which he had withheld and continues
Arnaultvs. Nazareno (1950) which affirmed the Legislature's power
contumaciously to withhold;
to hold a person in contempt for defying or refusing to comply with
an order in a legislative inquiry.
WHEREAS, the insolent and manifest untruthful statements made
by the said Jean L. Arnault on the occasions above referred to
Arnault eventually divulged that he had transacted with one Jess
constitute a continuing contempt of the Senate, and an added
D. Santos in relation to the Buenavista and Tambobong deal. Upon
affront to its dignity and authority, such that , were they to be
further inquiry, the Senate, obviously not satisfied with Arnault's
condoned or overlooked, the power and authority of the Senate to
explanations, adopted Resolution No. 114. The title of the
conduct investigations would become futile and ineffectual because
resolution states:
they could be defied by any person of sufficient stubbornness and
malice;
xxx There is an inherent fundamental error in the course of action that
the lower court followed. It assumed that courts have the right to
The Court of First Instance ruled in favor of Petitioner Arnault and review the findings of legislative bodies in the exercise of the
ordered his release. prerogative of legislation, or interfere with their proceedings or their
discretion in what is known as the legislative process. The Judicial
ISSUE: department has no right or power or authority to do this, in the
Whether or not Petitioner may be released from his Senate-imposed same manner that the legislative department may not invade the
incarceration. judicial realm in the ascertainment of truth and in the application
and interpretation of the law, in what is known as the judicial
1. Whether or not the CFI has the right to review the findings of the process, because that would be in direct conflict with the
Senate. fundamental principle of separation of powers established by the
Constitution. The only instances when judicial intervention
2. Whether or not the Senate may hold a person in contempt or may lawfully be invoke are when there has been a violation of
incarcerate him as a punitive rather than as a coercive measure. a constitutional inhibition, or when there has been an
arbitrary exercise of the legislative discretion.
HELD:
YES. The Senate may continue to keep Petitioner incarcerated. 2. YES. The legislature may hold a person in contempt or
incarcerate him as a punitive measure.
1. NO. In the first place, the CFI did NOT have the right to review
the findings of the Senate. In the above quoted resolution, the Although the resolution studiously avoids saying that the
Senate in stating that petitioner “has failed and refused, and confinement is a punishment, but merely seeks to coerce the
continues to fail and refuse, to reveal the person to whom he gave petitioner into telling the truth, the intention is evident that the
the amount of P440,000” and that the situation of petitioner “has continuation of the imprisonment ordered is in fact partly punitive.
not materially charged since he was committed to prison”, clearly This may be inferred from the confining made in the resolution that
shows that the Senate believes that Arnault was still trying to petitioner's acts were arrogant and contumacious and constituted
deceive them. The CFI on the other hand arrogated unto itself to an affront to the Senate's dignity and authority.
review such finding and held that Arnault satisfactorily answered
the questions of the Senate in its investigation of the Buenavista The legislature has the power to punish recalcitrant witnesses.
and Tambobong deal. This power is founded upon reason and policy. Said power must be
considered implied or incidental to the exercise of legislative power,
or necessary to effectuate said power. How could a legislative body
obtain the knowledge and information on which to base intended
legislation if it cannot require and compel the disclosure of such
knowledge and information, if it is impotent to punish a defiance of
its power and authority? The legislative department should not be
constrained to look to the courts whenever for every act of refusal,
every act of defiance, every act of contumacy with which it is faced.
ISSUES:
FACTS: 1. WON the court has jurisdiction over this case.
On 30 July 1987, the Republic of the Philippines, represented by 2. WON the SBRC s inquiry has a valid legislative purpose.
the Presidential Commission on Good Governance (PCGG), filed a
complaint with Sandiganbayan against the petitioners of this case. 3. WON the sale or disposition of the Romualdez corporations is a
PCGG allege, among others, that: defendants (petitioners therein) purely private transaction which is beyond the power of the SBRC
Benjamin Kokoy Romualdez and Juliette. Gomez Romualdez, to inquire into.
alleged cronies of former President Marcos and First Lady Imelda 4. WON the inquiry violates the petitioners right to due process.
Romualdez Marcos, engaged in schemes and stratagems to
unjustly enrich themselves at the expense of the Filipino people.
Among these stratagems are (1) obtained control of some big
business enterprises such as HELD:
MERALCO, Pilipinas Shell, and PCI Bank, (2) manipulated the 1. YES. As the court held in Angara vs. Electoral Commission, the
formation of Erectors Holding Inc, to appear viable and borrow Constitution provided for an elaborate system of checks and
more capital, reaching a total of more that P2 billion, (3) balances to secure coordination in the workings of the departments
collaborated with lawyers (petitioners therein) of the Bengzon Law of the government, and it is the judiciary that was vested of the
Offices in concealing funds and properties, in maneuvering the powers to determine the scope, nature and extent of such powers.
purported sale of interests in certain corporations, in misusing the
Meralco Pension Fund worth P25 million, and in cleverly hiding
behind the veil of corporate entity. On 13 September 1988, Sen. 2. NO. The speech of Sen. Enrile contained no suggestion on
Juan Ponce Enrile delivered a speech before the Senate on the contemplated legislation; he merely called upon the Senate to look
alleged take-over of SolOil Incorporated by Ricardo Lopa (who died into a possible violation of Sec. 5 of RA 3019. The purpose of the
during the pendency of this case) and called upon the senate to inquiry to be conducted by respondent SBRC was to find out WON
look into possible violation of the Anti Graft and Corrupt Practices the relatives of President Aquino, particularly Ricardo Lopa, had
violated the law in connection with the alleged sale of the 36/39
corporations of Kokoy Romualdez to the Lopa Group. There
appears, therefore, no intended legislation involved. The inquiry
also is not conducted pursuant to Senate Resolution No. 2123 (SR
2123), as the committee alleges. The inquiry under SR 2123 is to
look into the charges against PCGG filed by stockholders of
Oriental Petroleum in connection with the implementation of
Section 26 Article XVIII of the Constitution.
3. YES. Mr. Lopa and the petitioners are not connected with the
government and did their acts as private citizens, hence such a
case of alleged graft and corruption is within the jurisdiction, not of
the SBRC, but of the courts. Sandiganbayan already took
jurisdiction of this issue before the SBRC did. The inquiry of the
respondent committee into the same justiciable controversy already
before the Sandiganbayan would be an encroachment of into the
exclusive domain of judicial jurisdiction.
Said officials were not able to attend due to lack of consent from
Wherefore, the petition is GRANTED. the President as provided by E.O. 464, Section 3 which requires all
the public officials enumerated in Section 2(b) to secure the
consent of the President prior to appearing before either house of
5. Senate v. Ermita Congress.
HELD: No. It can be said that the Congress’ power of inquiry has
6. Sabio v. Gordon gained more solid existence and expansive construal. The Court’s
high regard to such power is rendered more evident in Senate v.
Compulsory Process ( Appearance of witnesses ) Ermita, where it categorically ruled that “the power of inquiry is
broad enough to cover officials of the executive branch.” Verily, the
Disclosure Of information / Production of documents Court reinforced the doctrine in Arnault that “the operation of
government, being a legitimate subject for legislation, is a proper
subject for investigation” and that “the power of inquiry is co-
extensive with the power to legislate”. Subject to reasonable
Camilo Sabio vs Richard Gordon conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving
504 SCRA 704 – Political Law – Inquiry in aid of legislation – public
public interest.
officers
Article III, Section 7
On February 20, 2006, Senator Miriam Defensor-Santiago
introduced Senate Res. No. 455 “directing an inquiry in aid of The right of the people to information on matters of public concern
legislation on the anomalous losses incurred by the Philippines shall be recognized. Access to official records, and to documents,
Overseas Telecommunications Corporation (POTC), Philippine and papers pertaining to official acts, transactions, or decisions, as
Communications Satellite Corporation (PHILCOMSAT), and well as to government research data used as basis for policy
PHILCOMSAT Holdings Corporation (PHC) due to the alleged development, shall be afforded the citizen, subject to such limitations
improprieties in their operations by their respective Board of as may be provided by law.
Directors.” Pursuant to this, on May 8, 2006, Senator Richard
These twin provisions of the Constitution seek to promote
Gordon, wrote Chairman Camilo Sabio of the PCGG inviting him to
transparency in policy-making and in the operations of the
be one of the resource persons in the public meeting jointly
government, as well as provide the people sufficient information to
conducted by the Committee on Government Corporations and
enable them to exercise effectively their constitutional rights.
Public Enterprises and Committee on Public Services. Chairman
Armed with the right information, citizens can participate in public
Sabio declined the invitation because of prior commitment. At the
same time, he invoked Section 4(b) of E.O. No. 1 “No member or
discussions leading to the formulation of government policies and to the jurisdiction of respondent Committee to continue with the
their effective implementation. inquiry.
ISSUE:
RULING:
Facts:
Issue:
Tapes ostensibly containing a wiretapped conversation purportedly
between the President of the Philippines and a high-ranking official Whether or not publication of the Rules of Procedures Governing
of the Commission on Elections (COMELEC) surfaced. The tapes, Inquiries in Aid of Legislation through the Senate’s website,
notoriously referred to as the "Hello Garci" tapes, allegedly satisfies the due process requirement of law.
contained the President’s instructions to COMELEC Commissioner
Held:
Facts:
Issue:
Petitioners filed a petition for prohibition with application for
temporary restraining order(TRO) and preliminary injunction under
Whether or not the subject matter of the Senate inquiry is sub The Senate or the House of Representatives or any of its
judice respective committees may conduct inquiries in aid of
legislation in accordance with its duly published rules of
procedure. The rights of persons appearign in or affected by
Ruling: such inquiries shall be respected. (Art. VI, Section 21 of the 1987
Philippine Constitution)
NO. The Supreme court held that the sub judice issue has
been rendered moot and academic by the supervening issuance of
the en banc resolution of July 1, 2008 in GR No. 164527. An issue
or a case becomes moot and academic when it ceases to present a
justiciable controversy, so that a determination of the issue would
be without practical use and value. In such cases, there is no
actual substantial relief to which the petitioner would be entitled
and which would be negated by the dismissal of the petition. Thus,
there is no more obstacle-on the ground of sub judice, assuming it
is invocable to the continuation of the Committee’s investigation
challenged in this proceeding.
PERLAS-BERNABE, J.:
FACTS:
Question
Was the Senate committee out-of-bounds in issuing its
contempt order since the purpose of the investigation had
nothing to do with the committee's legislative purpose?
Conclusion
The Court upheld Daugherty's contempt conviction,
establishing a presumption that congressional
investigations have a legislative purpose. This presumption
was not overcome by showing that the committee also had
another purpose, such as exposure of wrongdoing. This
presumption would later restrict the Court's hand in clear
cases of congressional overreaching while investigating
communists after World War II.
(1) That such surveillance of jurors was a criminal contempt, under 5. Where the court decides the fact and the law without the
Jud.Code § 268, on the part of its instigators, although it did not intervention of a jury, the admission of illegal testimony, even if
appear that any operative actually approached or communicated material, is not of itself a ground for reversing the judgment. P. 279
with a juror, or attempted to do so, or that any juror was conscious U. S. 767.
of observation.
(3) The acts in question were sufficiently near the court to obstruct Respondent was secretary of an organization which, among
the administration of justice, most of them having been within the other things, engaged in the sale of books of a political nature.
courtroom, near the door of the courthouse, or within the city He refused to disclose to a committed of Congress the names of
where the trial was held. P. 279 U. S. 765. those who made bulk purchases of these books for further
distribution, and was convicted under R.S. § 102, as amended,
which provides penalties for refusal to give testimony or to
produce relevant papers "upon any matter" under congressional - Cant find a good brief
inquiry. Under the resolution empowering it to function, the
Committee was" authorized and directed to conduct a study
and investigation of (1) all lobbying activities intended to In United States v. Orman, 486 F.3d 1170, 1174 (9th Cir.
influence, encourage, promote, or retard legislation; and (2) all 2007), in what was clearly a consensual encounter, a police
activities of agencies of the Federal Government intended to officer working off-duty for a shopping mall approached the
influence, encourage, promote, or retard legislation." defendant and asked to speak to him. After the defendant said
"sure," the officer told the defendant he had information the
defendant was carrying a gun and asked if that was true. 486
F.3d at 1172, 1175.
Held: The Committee was without power to exact the
information sought from respondent. Pp. 345 U. S. 42-48. The defendant admitted he had a gun and apologized. Id. at
1172.
(a) To construe the resolution as authorizing the Committee to
inquire into all efforts of private individuals to influence public The officer noticed a small bulge under the defendant's shirt
opinion through books and periodicals, however remote the and asked Orman where the gun was located. Id.
radiations of influence which they may exert upon the ultimate
legislative process, would raise doubts of constitutionality in Orman pointed to his waist band and the officer then retrieved
view of the prohibition of the First Amendment. P. 345 U. S. 46. the gun from the defendant. Id.
(b) The phrase "lobbying activities" in the resolution is to be The entire encounter was calm and the defendant was
construed as lobbying in the commonly accepted sense of cooperative.
"representations made directly to the Congress, its members, or The court stated that "reasonable suspicion that Orman was
its committees," and not as extending to attempts "to saturate carrying a gun, which is all that is required for a protective
the thinking of the community." P. 345 U. S. 47. search under Terry, quickly rose to a certainty when Orman
confirmed that he was carrying a gun." Id. at 1176.
(c) The scope of the resolution defining respondent's duty to Although the officer testified that Orman was perfectly cordial,
answer must be ascertained as of the time of his refusal, and the court held that a reasonably prudent man in the officer's
cannot be enlarged by subsequent action of Congress. circumstances would be warranted in retrieving the gun for his
safety. Id.
17. United States vs. Orman, 207 F.2d 148 (Sept. 1953)
Syllabus
(b) Congress has no general authority to expose the private (j) In authorizing an investigation by a committee, it is essential
affairs of individuals without justification in terms of the that the Senate or House should spell out the committee's
functions of Congress. P. 354 U. S. 187. jurisdiction and purpose with sufficient particularity to insure
that compulsory process is used only in furtherance of a
(c) No inquiry is an end in itself; it must be related to, and in legislative purpose. P. 354 U. S. 201.
furtherance of, a legitimate task of Congress. P. 354 U. S. 187.
(k) The resolution authorizing the Un-American Activities
(d) The Bill of Rights is applicable to congressional Committee does not satisfy this requirement, especially when
investigations, as it is to all forms of governmental action. P. read in the light of the practices of the Committee and
354 U. S. 188. subsequent actions of the House of Representatives extending
(e) A congressional investigation is subject to the command that the life of the Committee. Pp. 354 U. S. 201-205.
Congress shall make no law abridging freedom of speech or (l) Every reasonable indulgence of legality must be accorded to
press or assembly. Pp. 354 U. S. 196-197. the actions of a coordinate branch of our Government, but such
(f) When First Amendment rights are threatened, the delegation deference cannot yield to an unnecessary and unreasonable
of power to a congressional committee must be clearly revealed dissipation of precious constitutional freedoms. P. 354 U. S.
in its charter. United States v. Rumely, 345 U. S. 41. P. 354 U. 204.
S. 198. (m) Protected freedoms should not be placed in danger in the
(g) A congressional investigation into individual affairs is invalid absence of a clear determination by the House or Senate that a
if unrelated to any legislative purpose, because it is beyond the particular inquiry is justified by specific legislative need. P. 354
powers conferred upon Congress by the Constitution. Kilbourn U. S. 205.
v. Thompson, 103 U. S. 168. P. 354 U. S. 198. (n) Congressional investigating committees are restricted to the
(h) It cannot simply be assumed that every congressional missions delegated to them -- to acquire certain data to be used
investigation is justified by a public need that overbalances any by the House or Senate in coping with a problem that falls
private rights affected, since to do so would be to abdicate the within its legislative sphere -- and no witness can be compelled
responsibility placed by the Constitution upon the judiciary to to make disclosures on matters outside that area. P. 354 U. S.
insure that Congress does not unjustifiably encroach upon an 206.
individual's right of privacy nor abridge his liberty of speech, (o) When the definition of jurisdictional pertinency is as
press, religion or assembly. Pp. 354 U. S. 198-199. uncertain and wavering as in the case of the Un-American
Activities Committee, it becomes extremely difficult for the
Committee to limit its inquiries to statutory pertinency. P. 354 since it merely paraphrased the authorizing resolution, and
U. S. 206. gave a very general sketch of the past efforts of the Committee.
Pp. 354 U. S. 209-210.
(p) The courts must accord to a defendant indicted under 2
U.S.C. § 192 every right which is guaranteed to defendants in
all other criminal cases, including the right to have available
information revealing the standard of criminality before the (v) Nor was that purpose served by the action of the full
commission of the alleged offense. Pp. 354 U. S. 207-208. Committee in authorizing the creation of the Subcommittee
before which petitioner appeared, since it merely authorized the
(q) Since the statute defines the crime as refusal to answer "any Chairman to appoint subcommittees "for the purpose of
question pertinent to the question under inquiry," part of the performing any and all acts which the Committee as a whole is
standard of criminality is the pertinency of the questions authorized to do." Pp. 354 U. S. 211-212.
propounded to the witness. P. 354 U. S. 208.
(w) On the record in this case, especially in view of the precise
(r) Due process requires that a witness before a congressional questions petitioner was charged with refusing to answer, it
investigating committee should not be compelled to decide, at cannot be said that the "question under inquiry" was
peril of criminal prosecution, whether to answer questions Communist infiltration into labor unions. Pp. 354 U. S. 212-
propounded to him without first knowing the "question under 214.
inquiry" with the same degree of explicitness and clarity that
the Due Process Clause requires in the expression of any (x) Unless the subject matter of the inquiry has been made to
element of a criminal offense. Sinclair v. United States, 279 U. appear with undisputable clarity, it is the duty of the
S. 263. Pp. 354 U. S. 208-209. investigative body, upon objection of the witness on grounds of
pertinency, to state for the record the subject under inquiry at
(s) The authorizing resolution, the remarks of the chairman or that time and the manner in which the propounded questions
members of the committee, or even the nature of the are pertinent thereto. Pp. 354 U. S. 214-215.
proceedings themselves, might make the "question under
inquiry" sufficiently clear to avoid the "vice of vagueness"; but (y) The Chairman's response, when petitioner objected to the
these sources often leave the matter in grave doubt. P. 354 U. questions on grounds of pertinency, was inadequate to convey
S. 209. sufficient information as to the pertinency of the questions to
the "question under inquiry." Pp. 354 U. S. 214-215.
(t) In this case, it is not necessary to pass on the question
whether the authorizing resolution defines the "question under
inquiry" with sufficient clarity, since the Government does not 98 U.S.App.D.C.190, 233 F.2d 681, reversed and remanded.
contend that it could serve that purpose. P. 354 U. S. 209.
Syllabus
CHAVEZ V. NHA