Sabio Vs Gordon
Sabio Vs Gordon
Sabio Vs Gordon
EN BANC
IN THE MATTER OF THE PETITION G.R. No. 174340
FOR ISSUANCE OF WRIT OF
HABEAS CORPUS OF CAMILO L.
SABIO,
Petitioner,
J. ERMIN ERNEST LOUIE R.
MIGUEL,
PetitionerRelator,
versus
HONORABLE SENATOR RICHARD
GORDON, in his capacity as Chairman,
and the HONORABLE MEMBERS OF
THE COMMITTEE ON
GOVERNMENT CORPORATIONS
AND PUBLIC ENTERPRISES and THE
COMMITTEE ON PUBLIC SERVICES
of the Senate, HONORABLE SENATOR
JUAN PONCEENRILE, in his official
capacity as Member, HONORABLE
MANUEL VILLAR, Senate President,
SENATE SERGEANTATARMS, and
the SENATE OF THE PHILIPPINES,
Respondents.
x x
PRESIDENTIAL COMMISSION ON
GOOD GOVERNMENT (PCGG) and
CAMILO L. SABIO, Chairman, G.R. No. 174318
NARCISO S. NARIO, RICARDO M.
ABCEDE, TERESO L. JAVIER and
NICASIO A. CONTI, Commissioners,
MANUEL ANDAL and JULIO
JALANDONI, PCGG nominees
to Philcomsat Holdings Corporation,
Petitioners,
versus
RICHARD GORDON, in his capacity as
Chairman, and MEMBERS OF THE
COMMITTEE ON GOVERNMENT
CORPORATIONS AND PUBLIC
ENTERPRISES, MEMBERS OF THE
COMMITTEE ON PUBLIC SERVICES,
SENATOR JUAN PONCEENRILE, in
his capacity as member of both said
Committees, MANUEL VILLAR, Senate
President, THE SENATE SERGEANT
ATARMS, and SENATE OF THE
PHILIPPINES,
Respondents.
xx
PHILCOMSAT HOLDINGS
CORPORATIONS, PHILIP G.
BRODETT, LUIS K. LOKIN, JR., G.R. No. 174177
ROBERTO V. SAN JOSE, DELFIN P.
ANGCAO, ROBERTO L. ABAD, ALMA Present:
KRISTINA ALOBBA, and JOHNNY PANGANIBAN, C.J.
TAN, PUNO,
Petitioners, QUISUMBING,
YNARESSANTIAGO,
SANDOVALGUTIERREZ,
CARPIO,
versus AUSTRIAMARTINEZ,
CORONA,
SENATE COMMITTEE ON
CARPIO MORALES,
GOVERNMENT CORPORATIONS and CALLEJO, SR.,
PUBLIC ENTERPRISES, its AZCUNA,
MEMBERS and CHAIRMAN, the TINGA,
HONORABLE SENATOR RICHARD NAZARIO,
GORDON and SENATE COMMITTEE GARCIA, and
ON PUBLIC SERVICES, its Members VELASCO,JJ.
and Chairman, the HONORABLE
SENATOR JOKER P. ARROYO,
Respondents.
Promulgated:
October 17, 2006
xx
DECISION
SANDOVAL-GUTIERREZ, J.:
Two decades ago, on February 28, 1986, former President Corazon C.
[1]
Aquino installed her regime by issuing Executive Order (E.O.) No. 1, creating the Presidential
Commission on Good Government (PCGG). She entrusted upon this Commission the herculean task of
recovering the illgotten wealth accumulated by the deposed President Ferdinand E. Marcos, his family,
[2]
relatives, subordinates and close associates. Section 4 (b) of E.O. No. 1 provides that: No member or
staff of the Commission shall be required to testify or produce evidence in any judicial, legislative or
administrative proceeding concerning matters within its official cognizance. Apparently, the purpose is
[3]
to ensure PCGGs unhampered performance of its task.
Today, the constitutionality of Section 4(b) is being questioned on the ground that it tramples upon the
Senates power to conduct legislative inquiry under Article VI, Section 21 of the 1987 Constitution, which
reads:
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.
The facts are undisputed.
On February 20, 2006, Senator Miriam Defensor Santiago introduced Philippine Senate Resolution No. 455
[4]
(Senate Res. No. 455), directing an inquiry in aid of legislation on the anomalous losses incurred by the
Philippines Overseas Telecommunications Corporation (POTC), Philippine Communications Satellite
Corporation (PHILCOMSAT), and PHILCOMSAT Holdings Corporation (PHC) due to the alleged
improprieties in their operations by their respective Board of Directors.
The pertinent portions of the Resolution read:
WHEREAS, in the last quarter of 2005, the representation and entertainment expense of the PHC
skyrocketed to P4.3 million, as compared to the previous years mere P106 thousand;
WHEREAS, some board members established wholly owned PHC subsidiary called
Telecommunications Center, Inc. (TCI), where PHC funds are allegedly siphoned; in 18 months, over P73
million had been allegedly advanced to TCI without any accountability report given to PHC and
PHILCOMSAT;
WHEREAS, the Philippine Star, in its 12 February 2002 issue reported that the executive committee
of Philcomsat has precipitately released P265 million and granted P125 million loan to a relative of an
executive committee member; to date there have been no payments given, subjecting the company to an
estimated interest income loss of P11.25 million in 2004;
WHEREAS, there is an urgent need to protect the interest of the Republic of the Philippines in the
PHC, PHILCOMSAT, and POTC from any anomalous transaction, and to conserve or salvage any remaining
value of the governments equity position in these corporations from any abuses of power done by their
respective board of directors;
WHEREFORE, be it resolved that the proper Senate Committee shall conduct an inquiry in aid of
legislation, on the anomalous losses incurred by the Philippine Overseas Telecommunications
Corporation (POTC), Philippine Communications Satellite Corporation (PHILCOMSAT),
and Philcomsat Holdings Corporations (PHC) due to the alleged improprieties in the operations by their
respective board of directors.
Adopted.
(Sgd) MIRIAM DEFENSOR SANTIAGO
On the same date, February 20, 2006, Senate Res. No. 455 was submitted to the Senate and referred to
the Committee on Accountability of Public Officers and Investigations and Committee on Public
Services. However, on March 28, 2006, upon motion of Senator Francis N. Pangilinan, it was transferred to
[5]
the Committee on Government Corporations and Public Enterprises.
On May 8, 2006, Chief of Staff Rio C. Inocencio, under the authority of Senator Richard J. Gordon,
wrote Chairman Camilo L. Sabio of the PCGG, one of the herein petitioners, inviting him to be one of the
resource persons in the public meeting jointly conducted by the Committee on Government Corporations
and Public Enterprises and Committee on Public Services. The purpose of the public meeting was to
[6]
deliberate on Senate Res. No. 455.
[7]
On May 9, 2006, Chairman Sabio declined the invitation because of prior commitment. At the
same time, he invoked Section 4(b) of E.O. No. 1 earlier quoted.
[8]
On August 10, 2006, Senator Gordon issued a Subpoena Ad Testificandum, approved by Senate
President Manuel Villar, requiring Chairman Sabio and PCGG
Commissioners Ricardo Abcede, Nicasio Conti, Tereso Javier and Narciso Nario to appear in the public
hearing scheduled on August 23, 2006 and testify on what they know relative to the matters specified in
Senate Res. No. 455. Similar subpoenae were issued against the directors and officers
of Philcomsat Holdings Corporation, namely: Benito V. Araneta, Philip J. Brodett, Enrique L. Locsin,
Manuel D. Andal, Roberto L. Abad, Luis K. Lokin, Jr., Julio J. Jalandoni, Roberto V. San
[9]
Jose, Delfin P. Angcao, Alma Kristina Alloba and Johnny Tan.
Again, Chairman Sabio refused to appear. In his letter to Senator Gordon dated August 18, 2006, he
reiterated his earlier position, invoking Section 4(b) of E.O. No. 1. On the other hand, the directors and
officers of PhilcomsatHoldings Corporation relied on the position paper they previously filed, which raised
issues on the propriety of legislative inquiry.
Thereafter, Chief of Staff Ma. Carissa O. Coscolluela, under the authority of Senator Gordon, sent
[10]
another notice to Chairman Sabio requiring him to appear and testify on the same subject matter set
on September 6, 2006. The notice was issued under the same authority of the Subpoena
Ad Testificandumpreviously served upon (him) last 16 August 2006.
[11]
Once more, Chairman Sabio did not comply with the notice. He sent a letter dated September 4,
2006 to Senator Gordon reiterating his reason for declining to appear in the public hearing.
This prompted Senator Gordon to issue an Order dated September 7, 2006 requiring
Chairman Sabio and Commissioners Abcede, Conti, Javier and Nario to show cause why they should not be
cited in contempt of the Senate. On September 11, 2006, they submitted to the Senate their Compliance and
[12]
Explanation, which partly reads:
Doubtless, there are laudable intentions of the subject inquiry in aid of legislation. But the rule of
law requires that even the best intentions must be carried out within the parameters of the Constitution and the
law. Verily, laudable purposes must be carried out by legal methods. (Brillantes, Jr., et al. v. Commission on
Elections, En Banc [G.R. No. 163193, June 15, 2004])
On this score, Section 4(b) of E.O. No. 1 should not be ignored as it explicitly provides:
No member or staff of the Commission shall be required to testify or produce
evidence in any judicial legislative or administrative proceeding concerning matters
within its official cognizance.
With all due respect, Section 4(b) of E.O. No. 1 constitutes a limitation on the power of legislative
inquiry, and a recognition by the State of the need to provide protection to the PCGG in order to ensure the
unhampered performance of its duties under its charter. E.O. No. 1 is a law, Section 4(b) of which had not been
amended, repealed or revised in any way.
To say the least, it would require both Houses of Congress and Presidential fiat to amend or repeal the
provision in controversy. Until then, it stands to be respected as part of the legal system in this jurisdiction. (As
held in People v. Veneracion, G.R. Nos. 11998788, October 12, 1995: Obedience to the rule of law forms the
bedrock of our system of justice. If judges, under the guise of religious or political beliefs were allowed to
roam unrestricted beyond boundaries within which they are required by law to exercise the duties of their
office, then law becomes meaningless. A government of laws, not of men excludes the exercise of broad
discretionary powers by those acting under its authority. Under this system, judges are guided by the Rule of
Law, and ought to protect and enforce it without fear or favor, 4 [Act of Athens (1955)] resist encroachments
by governments, political parties, or even the interference of their own personal beliefs.)
x x x x x x
Relevantly, Chairman Sabios letter to Sen. Gordon dated August 19, 2006 pointed out that the
anomalous transactions referred to in the P.S. Resolution No. 455 are subject of pending cases before the
regular courts, the Sandiganbayan and the Supreme Court (Pending cases include: a. Samuel Divina v. Manuel
Nieto, Jr., et al., CAG.R. No. 89102; b. Philippine Communications Satellite Corporation v. Manuel Nieto, et
al.; c. Philippine Communications Satellite Corporation v. Manuel D. Andal, Civil Case No. 06095, RTC,
Branch 61, Makati City; d. Philippine Communications Satellite Corporation v. PHILCOMSAT Holdings
Corporation, et al., Civil Case No. 041049) for which reason they may not be able to testify thereon under the
principle of sub judice. The laudable objectives of the PCGGs functions, recognized in several cases decided
by the Supreme Court, of the PCGG will be put to naught if its recovery efforts will be unduly impeded by a
legislative investigation of cases that are already pending before the Sandiganbayan and trial courts.
In Bengzon v. Senate Blue Ribbon Committee, (203 SCRA 767, 784 [1991]) the Honorable Supreme
Court held:
[T]he issues sought to be investigated by the respondent Committee is one over which
jurisdiction had been acquired by the Sandiganbayan. In short, the issue has been preempted by
that court. To allow the respondent Committee to conduct its own investigation of an issue
already before the Sandigabayanwould not only pose the possibility of conflicting judgments
between a legislative committee and a judicial tribunal, but if the Committees judgment were to
be reached before that of the Sandiganbayan, the possibility of its influence being made to bear
on the ultimate judgment of the Sandiganbayan can not be discounted.
x x x x x x
IT IS IN VIEW OF THE FOREGOING CONSIDERATIONS that the Commission decided not to
attend the Senate inquiry to testify and produce evidence thereat.
Unconvinced with the above Compliance and Explanation, the Committee on Government Corporations
[13]
and Public Enterprises and the Committee on Public Services issued an Order directing Major General
Jose Balajadia (Ret.), Senate SergeantAtArms, to place Chairman Sabio and his Commissioners under
arrest for contempt of the Senate. The Order bears the approval of Senate President Villar and the
majority of the Committees members.
Hence, Chairman Sabio filed with this Court a petition for habeas corpusagainst the
Senate Committee on Government Corporations and Public Enterprises and Committee on Public Services,
their Chairmen, Senators Richard Gordon and Joker P. Arroyo and Members. The case was docketed as
G.R. No. 174340.
Chairman Sabio, Commissioners Abcede, Conti, Nario, and Javier, and the PCGGs nominees
to Philcomsat Holdings Corporation, Manuel Andal and Julio Jalandoni, likewise filed a petition for
certiorari and prohibition against the same respondents, and also against Senate President Manuel Villar,
Senator Juan Ponce Enrile, the SergeantatArms, and the entire Senate. The case was docketed as G.R. No.
174318.
Meanwhile, Philcomsat Holdings Corporation and its officers and directors, namely: Philip
G. Brodett, Luis K. Lokin, Jr., Roberto V. San Jose, Delfin P. Angcao, Roberto L. Abad, Alma
Kristina Alobba and Johnny Tan filed a petition for certiorari and prohibition against the Senate Committees
on Government Corporations and Public Enterprises and Public Services, their Chairmen, Senators Gordon
and Arroyo, and Members. The case was docketed as G.R. No. 174177.
In G.R. No. 174340 (for habeas corpus) and G.R. No. 174318 (for certiorari and prohibition)
Chairman Sabio, Commissioners Abcede, Conti,Nario, and Javier; and
the PCGGs nominees Andal and Jalandoni alleged: first, respondent Senate Committees disregarded
Section 4(b) of E.O. No. 1 without any justifiable reason; second, the inquiries conducted by respondent
Senate Committees are not in aid of legislation; third, the inquiries were conducted in the absence of duly
published Senate Rules of Procedure Governing Inquiries in Aid of Legislation; and fourth, respondent
Senate Committees are not vested with the power of contempt.
In G.R. No. 174177, petitioners Philcomsat Holdings Corporation and its directors and officers
alleged: first, respondent Senate Committees have no jurisdiction over the subject matter stated in Senate
Res. No. 455; second, the same inquiry is not in accordance with the Senates Rules of Procedure Governing
Inquiries in Aid of Legislation; third, the subpoenae against the individual petitioners are void for having
been issued without authority; fourth,the conduct of legislative inquiry pursuant to Senate Res. No. 455
constitutes undue encroachment by respondents into justiciable controversies over which several courts and
tribunals have already acquired jurisdiction; and fifth, the subpoenae violated petitioners rights to privacy
and against selfincrimination.
In their Consolidated Comment, the abovenamed respondents countered: first,the issues raised in the
petitions involve political questions over which this Court has no jurisdiction; second, Section 4(b) has been
repealed by the Constitution; third, respondent Senate Committees are vested with contempt
power; fourth, Senates Rules of Procedure Governing Inquiries in Aid of Legislation have been duly
published; fifth, respondents have not violated any civil right of the individual petitioners, such as
their (a) right to privacy; and (b)right against selfincrimination; and sixth, the inquiry does not constitute
undue encroachment into justiciable controversies.
During the oral arguments held on September 21, 2006, the parties were directed to submit
simultaneously their respective memoranda within a nonextendible period of fifteen (15) days from
date. In the meantime, per agreement of the parties, petitioner Chairman Sabio was allowed to go
home. Thus, his petition for habeas corpus has become moot. The parties also agreed that the service of the
arrest warrants issued against all petitioners and the proceedings before the respondent Senate Committees
[14]
are suspended during the pendency of the instant cases.
Crucial to the resolution of the present petitions is the fundamental issue of whether Section 4(b) of
E.O. No. 1 is repealed by the 1987 Constitution.On this lone issue hinges the merit of the contention of
Chairman Sabio and his Commissioners that their refusal to appear before respondent Senate Committees is
justified. With the resolution of this issue, all the other issues raised by the parties have
become inconsequential.
Perched on one arm of the scale of justice is Article VI, Section 21 of the 1987 Constitution granting
respondent Senate Committees the power of legislative inquiry. It reads:
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.
On the other arm of the scale is Section 4(b) of E.O. No.1 limiting such power of legislative inquiry
by exempting all PCGG members or staff from testifying in any judicial, legislative or administrative
proceeding, thus:
No member or staff of the Commission shall be required to testify or produce evidence in any
judicial, legislative or administrative proceeding concerning matters within its official cognizance.
To determine whether there exists a clear and unequivocal repugnancy between the two quoted
provisions that warrants a declaration that Section 4(b) has been repealed by the 1987 Constitution, a brief
consideration of the Congress power of inquiry is imperative.
The Congress power of inquiry has been recognized in foreign jurisdictions long before it reached
[15] [16]
our shores through McGrain v. Daugherty, cited in Arnault v. Nazareno. In those earlier days,
American courts considered the power of inquiry as inherent in the power to legislate. The 1864 case
[17]
of Briggs v. MacKellar explains the breath and basis of the power, thus:
Where no constitutional limitation or restriction exists, it is competent for either of the two bodies
composing the legislature to do, in their separate capacity, whatever may be essential to enable them to
legislate.It is wellestablished principle of this parliamentary law, that either house may institute any
investigation having reference to its own organization, the conduct or qualification of its members, its
proceedings, rights, or privileges or any matter affecting the public interest upon which it may be
important that it should have exact information, and in respect to which it would be competent for it to
legislate. The right to pass laws, necessarily implies the right to obtain information upon any matter
which may become the subject of a law. It is essential to the full and intelligent exercise of the legislative
function.In American legislatures the investigation of public matters before committees, preliminary to
legislation, or with the view of advising the house appointing the committee is, as a parliamentary usage,
well established as it is in England, and the right of either house to compel witnesses to appear and testify
before its committee, and to punish for disobedience has been frequently enforced.The right of inquiry, I
think, extends to other matters, in respect to which it may be necessary, or may be deemed advisable to
apply for legislative aid.
Remarkably, in Arnault, this Court adhered to a similar theory. Citing McGrain, it recognized that the
power of inquiry is an essential and appropriate auxiliary to the legislative function, thus:
Although there is no provision in the Constitution expressly investing either House of Congress with
power to make investigations and exact testimony to the end that it may exercise its legislative functions
advisedly and effectively, such power is so far incidental to the legislative function as to be implied. In other
words, the power of inquiry with process to enforce it is an essential and appropriate auxiliary to the
legislative function. A legislative body cannot legislate wisely or effectively in the absence of information
respecting the conditions which the legislation is intended to affect or change; and where the legislation
body does not itself possess the requisite information which is not infrequently true recourse must be
had to others who possess it.
Dispelling any doubt as to the Philippine Congress power of inquiry, provisions on such power
[18]
made their maiden appearance in Article VIII, Section 12 of the 1973 Constitution. Then came
the 1987 Constitution incorporating the present Article VI, Section 12. What was
therefore implicit under the 1935 Constitution, as influenced by American jurisprudence,
[19]
became explicit under the 1973 and 1987 Constitutions.
Notably, the 1987 Constitution recognizes the power of investigation, not just of Congress, but also
of any of its committee. This is significant because it constitutes a direct conferral of investigatory
power upon the committees and it means that the mechanisms which the Houses can take in order to
[20]
effectively perform its investigative function are also available to the committees.
It can be said that the Congress power of inquiry has gained more solid existence and expansive
[21]
construal. The Courts high regard to such power is rendered more evident in Senate v. Ermita, where it
categorically ruled that the power of inquiry is broad enough to cover officials of the executive
branch. Verily, the 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
coextensive with the power to legislate.
Considering these jurisprudential instructions, we find Section 4(b) directly repugnant with Article
VI, Section 21. Section 4(b) exempts the PCGG members and staff from the Congress power of
inquiry. This cannot be countenanced. Nowhere in the Constitution is any provision granting such
exemption. The Congress power of inquiry, being broad, encompasses everything that concerns the
[22]
administration of existing laws as well as proposed or possibly needed statutes. It even extends to
government agencies created by Congress and officers whose positions are within the power of
[23]
Congress to regulate or even abolish. PCGG belongs to this class.
Certainly, a mere provision of law cannot pose a limitation to the broad power of Congress, in the
absence of any constitutional basis.
Furthermore, Section 4(b) is also inconsistent with Article XI, Section 1 of the Constitution stating
that: Public office is a public trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.
The provision presupposes that since an incumbent of a public office is invested with certain powers
and charged with certain duties pertinent to sovereignty, the powers so delegated to the officer are held in
trust for the people and are to be exercised in behalf of the government or of all citizens who may need
the intervention of the officers. Such trust extends to all matters within the range of duties pertaining
to the office. In other words, public officers are but the servants of the people, and not their rulers.
[24]
Section 4(b), being in the nature of an immunity, is inconsistent with the principle of public
accountability. It places the PCGG members and staff beyond the reach of courts, Congress and other
administrative bodies. Instead of encouraging public accountability, the same provision only
institutionalizes irresponsibility and nonaccountability. In Presidential Commission on Good
[25]
Government v. Pea, Justice Florentino P. Feliciano characterized as obiter the portion of the majority
opinion barring, on the basis of Sections 4(a) and (b) of E.O. No. 1, a civil case for damages filed against
the PCGG and its Commissioners. He eloquently opined:
The above underscored portions are, it is respectfully submitted, clearly obiter. It is important to
make clear that the Court is not here interpreting, much less upholding as valid and constitutional, the
literal terms of Section 4 (a), (b) of Executive Order No.1. If Section 4 (a) were given its literal import as
immunizing the PCGG or any member thereof from civil liability for anything done or omitted in the discharge
of the task contemplated by this Order, the constitutionality of Section 4 (a) would, in my submission, be open
to most serious doubt. For so viewed, Section 4 (a) would institutionalize the irresponsibility and non
accountability of members and staff of the PCGG, a notion that is clearly repugnant to both the 1973 and 1987
Constitution and a privileged status not claimed by any other official of the Republic under the 1987
Constitution. x x x.
x x x x x x
It would seem constitutionally offensive to suppose that a member or staff member of the PCGG could
not be required to testify before the Sandiganbayan or that such members were exempted from
complying with orders of this Court.
[26]
Chavez v. Sandiganbayan reiterates the same view. Indeed, Section 4(b) has been frowned upon by this
Court even before the filing of the present petitions.
Corollarily, Section 4(b) also runs counter to the following constitutional provisions ensuring the
peoples access to information:
Article II, Section 28
Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full
public disclosure of all its transactions involving public interest.
Article III, Section 7
The right of the people to information on matters of public concern shall be recognized. Access to official
records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to
government research data used as basis for policy development, shall be afforded the citizen, subject to such
limitations as may be provided by law.
These twin provisions of the Constitution seek to promote transparency in policymaking and in the
operations of the government, as well as provide the people sufficient information to enable them to
exercise effectively their constitutional rights. Armed with the right information, citizens can participate in
public discussions leading to the formulation of government policies and their effective
[27]
implementation. In Valmonte v. Belmonte, Jr. the Court explained that an informed citizenry is essential
to the existence and proper functioning of any democracy, thus:
An essential element of these freedoms is to keep open a continuing dialogue or process of
communication between the government and the people. It is in the interest of the State that the channels for
free political discussion be maintained to the end that the government may perceive and be responsive to the
peoples will. Yet, this open dialogue can be effective only to the extent that the citizenry is informed and thus
able to formulate its will intelligently. Only when the participants in the discussion are aware of the issues and
have access to information relating thereto can such bear fruit.
Consequently, the conduct of inquiries in aid of legislation is not only intended to benefit Congress but also
the citizenry. The people are equally concerned with this proceeding and have the right to participate therein
in order to protect their interests. The extent of their participation will largely depend on the information
gathered and made known to them. In other words, the right to information really goes handinhand with
the constitutional policies of full public disclosure and honesty in the public service. It is meant to enhance
the widening role of the citizenry in governmental decisionmaking as well as in checking abuse in the
[28] [29] [30]
government. The cases of Taada v. Tuvera and Legaspi v. Civil Service Commission have
recognized a citizens interest and personality to enforce a public duty and to bring an action to compel
public officials and employees to perform that duty.
Section 4(b) limits or obstructs the power of Congress to secure from PCGG members and staff
information and other data in aid of its power to legislate. Again, this must not be countenanced. In Senate
[31]
v. Ermita, this Court stressed:
To the extent that investigations in aid of legislation are generally conducted in public, however, any
executive issuance tending to unduly limit disclosures of information in such investigations necessarily
deprives the people of information which, being presumed to be in aid of legislation, is presumed to be a
matter of public concern. The citizens are thereby denied access to information which they can use in
formulating their own opinions on the matter before Congress opinions which they can then communicate to
their representatives and other government officials through the various legal means allowed by their freedom
of expression.
A statute may be declared unconstitutional because it is not within the legislative power to enact;
or it creates or establishes methods or forms that infringe constitutional principles; or its purpose or effect
[32]
violates the Constitution or its basic principles. As shown in the above discussion, Section 4(b) is
inconsistent with Article VI, Section 21 (Congress power of inquiry), Article XI, Section 1 (principle of
public accountability), Article II, Section 28 (policy of full disclosure) and Article III, Section 7 (right to
public information).
Significantly, Article XVIII, Section 3 of the Constitution provides:
All existing laws, decrees, executive orders, proclamations, letters of instructions, and other executive
issuances not inconsistent with this Constitution shall remain operative until amended, repealed, or revoked.
The clear import of this provision is that all existing laws, executive orders, proclamations, letters of
instructions and other executive issuances inconsistent or repugnant to the Constitution are repealed.
Jurisprudence is replete with decisions invalidating laws, decrees, executive orders, proclamations,
letters of instructions and other executive issuances inconsistent with the Constitution. In Pelaez v.
[33]
Auditor General, the Court considered repealed Section 68 of the Revised Administrative Code of 1917
authorizing the Executive to change the seat of the government of any subdivision of local governments,
upon the approval of the 1935 Constitution. Section 68 was adjudged incompatible and inconsistent with
the Constitutional grant of limited executive supervision over local governments. In Islamic Dawah Council
[34]
of the Philippines, Inc., v. Office of the Executive Secretary, the Court declared Executive Order No. 46,
entitled Authorizing the Office on Muslim Affairs to Undertake Philippine Halal Certification, void for
[35]
encroaching on the religious freedom of Muslims. In The Province of Batangas v. Romulo, the Court
declared some provisions of the General Appropriations Acts of 1999, 2000 and 2001 unconstitutional for
[36]
violating the Constitutional precept on local autonomy. And in Ople v. Torres, the Court likewise
declared unconstitutional Administrative Order No. 308, entitled Adoption of a National Computerized
Identification Reference System, for being violative of the right to privacy protected by the Constitution.
These Decisions, and many others, highlight that the Constitution is the highest law of the land. It
is the basic and paramount law to which all other laws must conform and to which all persons,
including the highest officials of the land, must defer. No act shall be valid, however noble its
[37]
intentions, if it conflicts with the Constitution. Consequently, this Court has no recourse but to
declare Section 4(b) of E.O. No. 1 repealed by the 1987 Constitution.
Significantly, during the oral arguments on September 21, 2006, Chairman Sabio admitted that should this
Court rule that Section 4(b) is unconstitutional or that it does not apply to the Senate, he will answer the
questions of the Senators, thus:
CHIEF JUSTICE PANGANIBAN:
Okay. Now, if the Supreme Court rules that Sec. 4(b) is unconstitutional or that it does not apply to the Senate,
will you answer the questions of the Senators?
CHAIRMAN SABIO:
Your Honor, my father was a judge, died being a judge. I was here in the Supreme Court as Chief of Staff of
Justice Feria. I would definitely honor the Supreme Court and the rule of law.
CHIEF JUSTICE PANGANIBAN:
You will answer the questions of the Senators if we say that?
CHAIRMAN SABIO:
Yes, Your Honor. That is the law already as far as I am concerned.
With his admission, Chairman Sabio is not fully convinced that he and his Commissioners are shielded
from testifying before respondent Senate Committees by Section 4(b) of E.O. No. 1. In effect, his argument
that the said provision exempts him and his corespondent Commissioners from testifying before
respondent Senate Committees concerning Senate Res. No. 455 utterly lacks merit.
Incidentally, an argument repeated by Chairman Sabio is that respondent Senate Committees have no power
to punish him and his Commissioners for contempt of the Senate.
The argument is misleading.
Article VI, Section 21 provides:
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.
It must be stressed that the Order of Arrest for contempt of Senate Committees and the Philippine
Senate was approved by Senate President Villar and signed by fifteen (15) Senators. From this, it can be
concluded that the Order is under the authority, not only of the respondent Senate Committees, but of the
entire Senate.
At any rate, Article VI, Section 21 grants the power of inquiry not only to the Senate and the House
of Representatives, but also to any of their respective committees. Clearly, there is a direct conferral of
power to the committees. Father Bernas, in his Commentary on the 1987 Constitution, correctly pointed out
its significance:
It should also be noted that the Constitution explicitly recognizes the power of investigation not just of
Congress but also of any of its committees. This is significant because it constitutes a direct conferral of
investigatory power upon the committees and it means that the means which the Houses can take in
[38]
order to effectively perform its investigative function are also available to the Committees.
This is a reasonable conclusion. The conferral of the legislative power of inquiry upon any committee of
Congress must carry with it all powers necessary and proper for its effective discharge. Otherwise, Article
VI, Section 21 will be meaningless. The indispensability and usefulness of the power of contempt in a
legislative inquiry is underscored in a catena of cases, foreign and local.
[39]
In the 1821 case of Anderson v. Dunn, the function of the Houses of Congress with respect to the
contempt power was likened to that of a court, thus:
But the court in its reasoning goes beyond this, and though the grounds of the decision are not very
clearly stated, we take them to be: that there is in some cases a power in each House of Congress to punish
for contempt; that this power is analogous to that exercised by courts of justice, and that it being the
well established doctrine that when it appears that a prisoner is held under the order of a court of
general jurisdiction for a contempt of its authority, no other court will discharge the prisoner or make
further inquiry into the cause of his commitment. That this is the general ruleas regards the relation of one
court to another must be conceded.
[40]
In McGrain, the U.S. Supreme Court held: Experience has shown that mere requests for such
information are often unavailing, and also that information which is volunteered is not always
accurate or complete; so some means of compulsion is essential to obtain what is needed. The Court,
[41]
in Arnault v. Nazareno, sustained the Congress power of contempt on the basis of this observation.
[42]
In Arnault v. Balagtas, the Court further explained that the contempt power of Congress is
founded upon reason and policy and that the power of inquiry will not be complete if for every
contumacious act, Congress has to resort to judicial interference, thus:
The principle that Congress or any of its bodies has the power to punish recalcitrant witnesses is
founded upon reason and policy. Said power must be considered implied or incidental to the exercise of
legislative 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? When the framers of the Constitution
adopted the principle of separation of powers, making each branch supreme within the realm of its
respective authority, it must have intended each departments authority to be full and complete,
independently of the others authority or power. And how could the authority and power become
complete if for every act of refusal, every act of defiance, every act of contumacy against it, the
legislative body must resort to the judicial department for the appropriate remedy, because it is
impotent by itself to punish or deal therewith, with the affronts committed against its authority or
[43]
dignity.
[44]
In Negros Oriental II Electric Cooperative, Inc. v. Sangguniang Panlungsod of Dumaguete, the
Court characterized contempt power as a matter of selfpreservation, thus:
The exercise by the legislature of the contempt power is a matter of selfpreservation as that branch
of the government vested with the legislative power, independently of the judicial branch, asserts its authority
and punishes contempts thereof. The contempt power of the legislature is, therefore, sui generis x x x.
Meanwhile, with respect to G.R. No. 174177, the petition of PhilcomsatHoldings Corporation and its
directors and officers, this Court holds that the respondent Senate Committees inquiry does not violate their
right to privacy and right against selfincrimination.
One important limitation on the Congress power of inquiry is that the rights of persons appearing
in or affected by such inquiries shall be respected. This is just another way of saying that the power of
inquiry must be subject to the limitations placed by the Constitution on government action. As held
[45]
in Barenblatt v. United States, the Congress, in common with all the other branches of the
Government, must exercise its powers subject to the limitations placed by the Constitution on
governmental action, more particularly in the context of this case, the relevant limitations of the Bill
of Rights.
First is the right to privacy.
[46]
Zones of privacy are recognized and protected in our laws. Within these zones, any form of
intrusion is impermissible unless excused by law and in accordance with customary legal process. The
meticulous regard we accord to these zones arises not only from our conviction that the right to privacy is
[47]
a constitutional right and the right most valued by civilized men, but also from our adherence to the
Universal Declaration of Human Rights which mandates that, no one shall be subjected to arbitrary
interference with his privacy and everyone has the right to the protection of the law against such
[48]
interference or attacks.
Our Bill of Rights, enshrined in Article III of the Constitution, provides at least two guarantees that
explicitly create zones of privacy. It highlights a persons right to be let alone or the right to determine what,
[49]
how much, to whom and when information about himself shall be disclosed. Section
2guarantees the right of the people to be secure in their persons, houses,papers and effects against
unreasonable searches and seizures of whatever nature and for any purpose. Section
3 renders inviolable the privacy ofcommunication and correspondence and further cautions that any
evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in
any proceeding.
In evaluating a claim for violation of the right to privacy, a court must determine whether a person
has exhibited a reasonable expectation of privacy and, if so, whether that expectation has been violated by
[50]
unreasonable government intrusion. Applying this determination to these cases, the important inquiries
are: first, did the directors and officers of PhilcomsatHoldings Corporation exhibit a reasonable
expectation of privacy?; and second, did the government violate such expectation?
The answers are in the negative. Petitioners were invited in the Senates public hearing to deliberate
on Senate Res. No. 455, particularly on the anomalous losses incurred by the Philippine Overseas
Telecommunications Corporation (POTC), Philippine Communications Satellite Corporation
(PHILCOMSAT), and Philcomsat Holdings Corporations (PHC) due to the alleged improprieties in
the operations by their respective board of directors. Obviously, the inquiry focus on petitioners acts
committed in the discharge of their duties as officers and directors of the said corporations,
particularly Philcomsat Holdings Corporation. Consequently, they have no reasonable expectation of
privacy over matters involving their offices in a corporation where the government has interest.
Certainly, such matters are of public concern and over which the people have the right to
information.
This goes to show that the right to privacy is not absolute where there is an overriding compelling
[51] [52]
state interest. In Morfe v. Mutuc, the Court, in line with Whalen v. Roe, employed the rational basis
relationship test when it held that there was no infringement of the individuals right to privacy as the
requirement to disclosure information is for a valid purpose, i.e., to curtail and minimize the opportunities
for official corruption, maintain a standard of honesty in public service, and promote morality in public
[53] [54]
administration. In Valmonte v. Belmonte, the Court remarked that as public figures, the Members of
the former Batasang Pambansa enjoy a more limited right to privacy as compared to ordinary individuals,
and their actions are subject to closer scrutiny. Taking this into consideration, the Court ruled that the right
of the people to access information on matters of public concern prevails over the right to privacy of
financial transactions.
Under the present circumstances, the alleged anomalies in the PHILCOMSAT, PHC and POTC,
ranging in millions of pesos, and the conspiratorial participation of the PCGG and its officials
are compelling reasons for the Senate to exact vital information from the directors and officers
of Philcomsat Holdings Corporations, as well as from Chairman Sabio and his Commissioners to aid it in
crafting the necessary legislation to prevent corruption and formulate remedial measures and policy
determination regarding PCGGs efficacy. There being no reasonable expectation of privacy on the part of
those directors and officers over the subject covered by Senate Res. No. 455, it follows that their right to
privacy has not been violated by respondent Senate Committees.
Anent the right against selfincrimination, it must be emphasized that this right maybe invoked by the
said directors and officers of Philcomsat Holdings Corporation only when the incriminating question is
being asked, since they have no way of knowing in advance the nature or effect of the questions to be
[55]
asked of them. That this right may possibly be violated or abused is no ground for denying respondent
Senate Committees their power of inquiry. The consolation is that when this power is abused, such issue
may be presented before the courts. At this juncture, what is important is that respondent Senate
Committees have sufficient Rules to guide them when the right against selfincrimination is invoked. Sec.
19 reads:
Sec. 19. Privilege Against SelfIncrimination
A witness can invoke his right against selfincrimination only when a question tends to elicit an answer
that will incriminate him is propounded to him. However, he may offer to answer any question in an executive
session.
No person can refuse to testify or be placed under oath or affirmation or answer questions before an
incriminatory question is asked. His invocation of such right does not by itself excuse him from his duty to
give testimony.
In such a case, the Committee, by a majority vote of the members present there being a quorum, shall
determine whether the right has been properly invoked. If the Committee decides otherwise, it shall resume its
investigation and the question or questions previously refused to be answered shall be repeated to the witness.
If the latter continues to refuse to answer the question, the Committee may punish him for contempt for
contumacious conduct.
The same directors and officers contend that the Senate is barred from inquiring into the same issues
being litigated before the Court of Appeals and the Sandiganbayan. Suffice it to state that the Senate Rules
of Procedure Governing Inquiries in Aid of Legislation provide that the filing or pendency of any
prosecution of criminal or administrative action should not stop or abate any inquiry to carry out a
legislative purpose.
Let it be stressed at this point that so long as the constitutional rights of witnesses, like
Chairman Sabio and his Commissioners, will be respected by respondent Senate Committees, it their duty
to cooperate with them in their efforts to obtain the facts needed for intelligent legislative action. The
unremitting obligation of every citizen is to respond to subpoenae, to respect the dignity of the Congress
and its Committees, and to testify fully with respect to matters within the realm of proper investigation.
In fine, PCGG Chairman Camilo Sabio and Commissioners Ricardo Abcede, Narciso Nario, Nicasio Conti,
and Tereso Javier; and Manuel Andal and Julio Jalandoni, PCGGs nominees to Philcomsat Holdings
Corporation, as well as its directors and officers, must comply with the Subpoenae Ad Testificandum issued
by respondent Senate Committees directing them to appear and testify in public hearings relative to Senate
Resolution No. 455.
WHEREFORE, the petition in G.R. No. 174340 for habeas corpus is DISMISSED, for being
moot. The petitions in G.R Nos. 174318 and 174177 are likewise DISMISSED.
Section 4(b) of E.O. No. 1 is declared REPEALED by the 1987 Constitution. Respondent Senate
Committees power of inquiry relative to Senate Resolution 455 is upheld. PCGG
Chairman Camilo L. Sabio and Commissioners Ricardo Abcede, Narciso Nario, Nicasio Conti
and TeresoJavier; and Manuel Andal and Julio Jalandoni, PCGGs nominees to PhilcomsatHoldings
Corporation, as well as its directors and officers, petitioners in G.R. No. 174177, are ordered to comply
with the Subpoenae Ad Testificandum issued by respondent Senate Committees directing them to appear
and testify in public hearings relative to Senate Resolution No. 455.
SO ORDERED.