Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 27 views

    PNP Director Dela Paz Vs Senate Committee On Foreign Relations G.R. No. 184849 February 13, 2009 Nachura, J.

    Uploaded by

    Nicole Llamas
    The Senate Committee on Foreign Relations summoned PNP Director General Dela Paz and his wife to investigate the discovery of large sums of undeclared cash in Dela Paz's luggage during a trip to Moscow. General Dela Paz challenged the committee's jurisdiction over the matter. The Supreme Court ruled that (1) the committee has jurisdiction to inquire about the source and purpose of the funds, as it could impact Philippines' international agreements; and (2) the committee followed proper procedures by obtaining a signed arrest order as required by Senate rules, but the order was rendered unnecessary because General Dela Paz voluntarily attended the hearing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    PNP Director Dela Paz Vs Senate Committee On Foreign Relations G.R. No. 184849 February 13, 2009 Nachura, J.

    Uploaded by

    Nicole Llamas
    27 views2 pages
    The Senate Committee on Foreign Relations summoned PNP Director General Dela Paz and his wife to investigate the discovery of large sums of undeclared cash in Dela Paz's luggage during a trip to Moscow. General Dela Paz challenged the committee's jurisdiction over the matter. The Supreme Court ruled that (1) the committee has jurisdiction to inquire about the source and purpose of the funds, as it could impact Philippines' international agreements; and (2) the committee followed proper procedures by obtaining a signed arrest order as required by Senate rules, but the order was rendered unnecessary because General Dela Paz voluntarily attended the hearing.

    Original Description:

    Original Title

    SCRA-1.docx

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Senate Committee on Foreign Relations summoned PNP Director General Dela Paz and his wife to investigate the discovery of large sums of undeclared cash in Dela Paz's luggage during a trip to Moscow. General Dela Paz challenged the committee's jurisdiction over the matter. The Supreme Court ruled that (1) the committee has jurisdiction to inquire about the source and purpose of the funds, as it could impact Philippines' international agreements; and (2) the committee followed proper procedures by obtaining a signed arrest order as required by Senate rules, but the order was rendered unnecessary because General Dela Paz voluntarily attended the hearing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views2 pages

    PNP Director Dela Paz Vs Senate Committee On Foreign Relations G.R. No. 184849 February 13, 2009 Nachura, J.

    Uploaded by

    Nicole Llamas
    The Senate Committee on Foreign Relations summoned PNP Director General Dela Paz and his wife to investigate the discovery of large sums of undeclared cash in Dela Paz's luggage during a trip to Moscow. General Dela Paz challenged the committee's jurisdiction over the matter. The Supreme Court ruled that (1) the committee has jurisdiction to inquire about the source and purpose of the funds, as it could impact Philippines' international agreements; and (2) the committee followed proper procedures by obtaining a signed arrest order as required by Senate rules, but the order was rendered unnecessary because General Dela Paz voluntarily attended the hearing.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PNP DIRECTOR  DELA PAZ VS SENATE COMMITTEE ON FOREIGN RELATIONS

    G.R. No. 184849  February 13, 2009

    NACHURA, J.:

    FACT:

    On October 28, 2008 petitioners-spouses General (Ret.) Eliseo D. dela Paz (Gen. Dela Paz) and
    Mrs. Maria Fe C. dela Paz (Mrs. Dela Paz) filed a petition against the Senate Foreign Relations
    Committee (respondent Committee), through its Chairperson, Senator Miriam Defensor-Santiago
    (Senator Santiago), (1) denying petitioners’ Challenge to Jurisdiction with Motion to Quash
    Subpoenae and (2) commanding respondent Senate Sergeant-at-Arms Jose Balajadia, Jr.
    (Balajadia) to immediately arrest petitioners during the Senate committee hearing last October 23,
    2008.

    The antecedents are as follow –

    On October 6, 2008, General (Ret.) Eliseo D. dela Paz and other  (8) senior Philippine National
    Police (PNP) officers join the 77th General Assembly Session of the International Criminal Police
    Organization (ICPO)-INTERPOL in St. Petersburg from October 6-10, 2008. 

    On October 11, 2008, Gen. Dela Paz, failed to to declare in written form the 105,000 euros
    [approximately ₱6,930,000.00] found in his luggage. In addition, he was also found to have in his
    possession 45,000 euros (roughly equivalent to ₱2,970,000.00). For that reason they the eight
    senior PNP were detained in Moscow for questioning and confiscate the euros.

    On October 21, 2008, Gen. Dela Paz arrived in Manila after Ms Dela Paz, subpoena was being
    serve by the respondent committee to investigate.

    ISSUE:

    WHETHER OR NOT THE respondent committee is devoid of any jurisdiction to investigate the
    Moscow

    WHETHER OR NOT THE respondent Committee violated the same Senate Rules when it issued
    the warrant of arrest without the required signatures of the majority of the members of respondent
    Committee

    RULING:

    No. The Moscow incident could create ripples in the relations between the Philippines and Russia.
    Gen. Dela Paz went to Moscow in an official capacity, as a member of the Philippine delegation to
    the INTERPOL Conference. The Moscow incident would reflect on our country’s compliance with the
    obligations required of state-parties under these conventions. The respondent Committee can
    properly inquire into this matter, particularly as to the source and purpose of the funds discovered in
    Moscow as this would involve the Philippines’ commitments under these conventions. The
    Philippine Senate has decided that the legislative inquiry will be jointly conducted by the respondent
    Committee and the Senate Committee on Accountability of Public Officers and Investigations (Blue
    Ribbon Committee).

     No. The Philippine Senate issued a formal written Order 7 of arrest, signed by ten (10) senators, with
    the Senate President himself approving it, in accordance with the Senate Rules but Gen. Dela Paz
    voluntarily appeared and answered the questions propounded by the Committee members so the
    arrest order issued against the petitioners has been rendered ineffectual, there was no longer any
    necessity to implement the order of arrest.  The same hearing, Senator Santiago granted the motion
    of Gen. Dela Paz to dispense with the presence of Mrs. Dela Paz for humanitarian considerations
    The order for her arrest was effectively withdrawn.

    WHEREFORE, the petition is DISMISSED for lack of merit and for being moot and academic.

    You might also like