http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/ Philippine laws and legal system (JLP-Law blog) Mon, 06 Sep 2010 06:08:16 +0000 hourly 1 http://wordpress.org/?v=3.0.1 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/comment-page-1/#comment-10847 Effect of pending cases on the Senate’s power to conduct investigation in aid of legislation at Philippine e-Legal Forum Tue, 19 Feb 2008 03:49:40 +0000 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/#comment-10847 [...] Central to the Court’s ruling in Bengzon — that the Senate Blue Ribbon Committee was without any constitutional mooring to conduct the legislative investigation — was the Court’s determination that the intended inquiry was not in aid of legislation. (See also the Primer on Separation of Powers, Inquiry in Aid of Legislation). The Court found that the speech of Senator Enrile, which sought such investigation contained no suggestion of any contemplated legislation; it merely called upon the Senate to look into possible violations of Section 5, Republic Act No. 3019. Thus, the Court held that the requested probe failed to comply with a fundamental requirement of Section 21, Article VI of the Constitution, which states: 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. [...] [...] Central to the Court’s ruling in Bengzon — that the Senate Blue Ribbon Committee was without any constitutional mooring to conduct the legislative investigation — was the Court’s determination that the intended inquiry was not in aid of legislation. (See also the Primer on Separation of Powers, Inquiry in Aid of Legislation). The Court found that the speech of Senator Enrile, which sought such investigation contained no suggestion of any contemplated legislation; it merely called upon the Senate to look into possible violations of Section 5, Republic Act No. 3019. Thus, the Court held that the requested probe failed to comply with a fundamental requirement of Section 21, Article VI of the Constitution, which states: 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. [...]

]]> http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/comment-page-1/#comment-10782 Branches of the Philippine Government: Separation of Powers at Philippine e-Legal Forum Tue, 29 Jan 2008 02:14:24 +0000 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/#comment-10782 [...] The Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1). “A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy. Our people have accepted this notion and decided to delegate the basic state authority to principally three branches of government — the Executive, the Legislative, and the Judiciary - each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances .” [...] [...] The Philippines is a democratic and republican state. As a republican state, sovereignty resides in the People and all government authority emanates from them (Constitution, Art. III, Sec. 1). “A Republican form of government rests on the conviction that sovereignty should reside in the people and that all government authority must emanate from them. It abhors the concentration of power on one or a few, cognizant that power, when absolute, can lead to abuse, but it also shuns a direct and unbridled rule by the people, a veritable kindling to the passionate fires of anarchy. Our people have accepted this notion and decided to delegate the basic state authority to principally three branches of government — the Executive, the Legislative, and the Judiciary – each branch being supreme in its own sphere but with constitutional limits and a firm tripod of checks and balances .” [...]

]]> http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/comment-page-1/#comment-68 Philippine e-Legal Forum » Blog Archive » The Legislative Department Sun, 01 Oct 2006 10:09:23 +0000 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/#comment-68 [...] Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. Section 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. [...] [...] Section 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses incurred for each Member. Section 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. [...]

]]> http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/comment-page-1/#comment-55 Philippine e-Legal Forum » Blog Archive » Supreme Court news: ‘Unusual, Unprecedented’ 30 Days Wed, 27 Sep 2006 07:31:45 +0000 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/#comment-55 [...] These cases involve the arrest of PCGG Chairman Sabio by the Senate for contempt for refusing to appear in an inquiry into alleged irregularities in some government-sequestered corporations. In an advisory, the Court directed the parties to focus their arguments on these principal issues: 1) whether the publication of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation is essential to their effectivity; if so, whether the Rules have been so published; and whether their posting in the Senate’s website constitutes sufficient publication; (2) whether respondent Senate Committees are vested with the power of contempt; if so, whether they can issue warrants of arrest; (3) whether Section 4 (B) of Executive Order No. 1 is constitutional; and (4) whether respondent Senate Committees complied with the requirements set forth by the Court in Senate v. Ermita. [...] [...] These cases involve the arrest of PCGG Chairman Sabio by the Senate for contempt for refusing to appear in an inquiry into alleged irregularities in some government-sequestered corporations. In an advisory, the Court directed the parties to focus their arguments on these principal issues: 1) whether the publication of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation is essential to their effectivity; if so, whether the Rules have been so published; and whether their posting in the Senate’s website constitutes sufficient publication; (2) whether respondent Senate Committees are vested with the power of contempt; if so, whether they can issue warrants of arrest; (3) whether Section 4 (B) of Executive Order No. 1 is constitutional; and (4) whether respondent Senate Committees complied with the requirements set forth by the Court in Senate v. Ermita. [...]

]]> http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/comment-page-1/#comment-47 Philippine e-Legal Forum » Blog Archive » Executive Order 464 - Senate of the Philippines vs. Ermita Mon, 18 Sep 2006 04:28:48 +0000 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/#comment-47 [...] The non-appearance of executive officials in the recent Senate inquiry resurrected the controversy surrounding Executive Order No. 464. With this, let’s revisit the ruling in Senate of the Philippines vs. Eduardo R. Ermita, G.R. No. 169777, wherein a unanimous Supreme Court (en banc) struck down Sections 2 (b) and 3 of E.O. 464 as unconstitutional, but upheld the validity of Sections 1 and 2(a). [...] [...] The non-appearance of executive officials in the recent Senate inquiry resurrected the controversy surrounding Executive Order No. 464. With this, let’s revisit the ruling in Senate of the Philippines vs. Eduardo R. Ermita, G.R. No. 169777, wherein a unanimous Supreme Court (en banc) struck down Sections 2 (b) and 3 of E.O. 464 as unconstitutional, but upheld the validity of Sections 1 and 2(a). [...]

]]> http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/comment-page-1/#comment-46 Philippine e-Legal Forum » Blog Archive » Showdown in Congress: the Power to Discipline Mon, 18 Sep 2006 04:26:17 +0000 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/#comment-46 [...] Second - the power to discipline a non-member. News last week indicate that the Senate is bent on issuing warrants of arrest to compel attendance of witnesses in inquiries in aid of legislation. The power to discipline witnesses has already been upheld by the Supreme Court. In the 1950 case of Arnault vs. Nazareno, the Supreme Court upheld the power of Congress to enforce discipline against non-members. If the subject of investigation before the committee is within the range of legitimate legislative inquiry and the proposed testimony of the witness called relates to that subject, obedience to its process may be enforced by the committee by imprisonment. [...] [...] Second – the power to discipline a non-member. News last week indicate that the Senate is bent on issuing warrants of arrest to compel attendance of witnesses in inquiries in aid of legislation. The power to discipline witnesses has already been upheld by the Supreme Court. In the 1950 case of Arnault vs. Nazareno, the Supreme Court upheld the power of Congress to enforce discipline against non-members. If the subject of investigation before the committee is within the range of legitimate legislative inquiry and the proposed testimony of the witness called relates to that subject, obedience to its process may be enforced by the committee by imprisonment. [...]

]]> http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/comment-page-1/#comment-45 Philippine e-Legal Forum » Blog Archive » Writ of habeas corpus Mon, 18 Sep 2006 04:24:59 +0000 http://jlp-law.com/blog/primer-separation-of-powers-inquiry-in-aid-legislation/#comment-45 [...] The Presidential Commission on Good Goverment (PCGG) yesterday filed a petition for habeas corpus to compel the Senate to present Camilo Sabio, PCGG Chairman, before the Supreme Court and to justify his arrest and detention that was ordered by the Senate in connection with its on-going inquiry in aid of legislation. You probably read about the petition for a writ of habeas corpus filed by Jocelyn “Joc-joc” Bolante against U.S. Secretary of State Condoleezza Rice and other ranking US government officials in order to gain freedom in the United States. [...] [...] The Presidential Commission on Good Goverment (PCGG) yesterday filed a petition for habeas corpus to compel the Senate to present Camilo Sabio, PCGG Chairman, before the Supreme Court and to justify his arrest and detention that was ordered by the Senate in connection with its on-going inquiry in aid of legislation. You probably read about the petition for a writ of habeas corpus filed by Jocelyn “Joc-joc” Bolante against U.S. Secretary of State Condoleezza Rice and other ranking US government officials in order to gain freedom in the United States. [...]

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