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Sec. 5. Meetings.

Regular meetings of the Committee shall be held on


the first and third Wednesdays of each month at 1:00 p.m. whenever the
Committee deems to be practical, convenient and if there is a matter to
be considered. However, the Chairperson may set and call additional
meetings on such other dates that he may deem necessary to expedite
the proceedings.

Republic of the Philippines

Senate

A.

Pasay City

i. If any member of the Committee desires that a special meeting


of the Committee be called, a written request citing the subject
matter, purpose and reason for the urgency, addressed to the
Chairperson, shall be filed with the Committee at least seventytwo (72) hours before the intended date of the special meeting.
Any failure of the Chairperson to rule on the request and in
case of a denial, shall entitle the Member to have his request
included in the agenda of the next regular meeting of the
Committee.

RULES OF THE
SENATE COMMITTEE ON ETHICS AND PRIVILEGES
Pursuant to Section 21 of Article VI of the Constitution of the
Philippines and Rules X and XI of the Rules of the Senate as amended,
the following Rules are hereby adopted and promulgated.
RULE 1
GENERAL PROVISIONS
Section 1. Title of the Rules. These Rules shall be known as the Rules
of the Senate Committee on Ethics and Privileges.
Sec. 2. Jurisdiction. Pursuant to Rule 10 Section 13 (2) of the Senate
Rules, all matters relating to the conduct, rights, privileges, safety, dignity,
integrity and reputation of the Senate and its Members shall be under the
exclusive jurisdiction of the Senate Committee on Ethics and Privileges.
Sec. 3. Construction. In case of doubt in the interpretation of any
provision of these Rules, it shall be construed in favor of the substantive
rights of the persons appearing before the Senate Committee on Ethics
and Privileges, hereinafter referred to as the Committee.
Sec. 4. Composition. It shall have seven (7) members who, including
the Chairperson, shall be chosen by the Senate. The President Pro
Tempore and both the Majority and Minority Leaders of the Senate are
Ex-Officio Members of the Committee.

SPECIAL MEETINGS of the Committee shall be called by the


Chairperson on no less than a 48-hour notice.

B.

QUORUM: The presence of at least two (2) Members of the


Committee shall constitute a quorum.

Sec. 6. Ineligibility or Disqualification of Members and Staff. Any member


of this Committee and his or her respective staff shall not be eligible to
participate in any proceeding that relates specifically to his or her own
conduct, allegation of his or her own misconduct, violation of any rules of
the Senate and violation of the law.
A. If any proceeding appears to relate to a member of the Committee,
the Committee Secretary shall inform the Chairperson. If the Chairperson
concludes that the member may be ineligible to participate, the member
shall be notified in writing of the nature of the particular proceedings and
the reason/s behind his or her ineligibility to participate in the said
proceedings. If the member abides by the Chairpersons determination,
he shall duly notify the latter and voluntarily inhibit himself. Otherwise, he
may present his arguments to the Chairperson and if he is ruled as eligible
then the member shall continue to serve. But if the Chairperson continually
believes that the member is ineligible, the matter shall be promptly referred
to the Committee. Said member shall present his arguments to the

Committee in an executive session. Any considered question relating to


a members eligibility shall be decided by a majority vote of the Committee.
The member in question shall not take part in said executive session.
Sec. 7. Voluntary Inhibition. Any member may voluntarily inhibit himself
from participating in any proceedings of the Committee.

Sec. 13. Modes of Service. Service of pleadings, motions, orders,


judgments, and other papers shall be made either personally or by mail.
Sec. 14. Suppletory Application of the Rules of Court. In the absence of
any applicable provision, the Rules of Court shall be suppletorily applied.

Sec. 8. Recorded Votes. Any member, upon proper motion, may require
that the votes made by the members of the Committee be recorded.
Sec. 9. Proxy Voting. No proxy voting shall be allowed in all proceedings
of the Committee.
Sec. 10. Filing and Service of Pleadings, Motions, Orders, Judgment and
Other Papers. Filing is the act of presenting the pleading or other papers
to the Committee Secretary.
Service is the act of providing a party with a copy of a pleading or
paper concerned. If any party has appeared by counsel, service upon
him shall be made upon his counsel or one of them, unless service upon
the party himself is ordered by the Committee or the Presiding Officer.
Where one counsel appears for several parties, he shall only be entitled
to one copy of any paper served upon him by the opposite side.

RULE 2
INITIATION OF COMPLAINT THROUGH
SWORN STATEMENT AND/OR VERIFIED COMPLAINTS
Sec. 15. Sworn Complaints. Any person or persons, may file a sworn
statement or verified complaint with the Committee, alleging that any
Senator has violated a law or any rule of the Senate relating to the
discharge of his duties as a member of the Senate, or has engaged in
improper conduct which may reflect upon the Senate, at any time after
he or she has taken his or her oath.
Sec.16. Form and Contents of Complaints. A complaint filed under
Section 16 of this Rule shall be in writing, under oath or verified and shall
set forth in plain, concise and direct statements the following:
A.

The name and address of the party filing the complaint;

Sec. 11. Manner of Filing. The filing of pleadings, appearances, motions,


notices, orders, judgments and all other papers shall be made by
presenting the original copies thereof, plainly indicated as such, personally
to the Committee Secretary or by sending through registered mail.

B. The name and position or title of the member of the Senate who
is specifically alleged to have violated a law or any rule or regulation of
the Senate or have engaged in an improper conduct;

In the first case, the Committee Secretary shall endorse on the pleading
or any other paper thereof the date and hour of filing.

C. The nature of the alleged improper conduct or violation of law or


any rule or regulation of the Senate, including, if possible the specific
provision of law and/or rule of the Senate that was violated;

In the second case, the date of mailing of motions, pleadings, or any


other papers, as shown by the post-office stamp on the envelope of the
registry receipt, shall be considered as the date of their filing before the
Committee. The envelope shall serve as attachment to the records.

D. A direct statement of the ultimate facts that constitute the alleged


improper conduct or a narration of facts that comprise the violation of law
or any rule or regulation of the Senate and/or improper conduct;

Sec. 12. Papers Required to be Filed and Served. Every judgment,


resolution, order, pleading subsequent to complaint, written motion, notice,
appearance, or similar papers shall be filed with the Committee and served
to the parties affected.

E. The complainant shall swear under oath that all of the information
alleged in the complaint is true of his own personal knowledge.
The term personal knowledge is not intended to and does not limit
the complainants statements to a situation or incident that he or she

personally witnessed or to any activities in which the complainant was a


participant.

E. A party may amend his complaint once as a matter of right at any


time before a responsive pleading is filed before the Committee Secretary.

F. A complaint is verified by an affidavit that the affiant has read and


understood the pleading and that the allegations therein are true and
correct of his knowledge and belief.

F. Except as provided above, substantial amendments may be made


only upon leave of the Chairperson of the Committee. But such leave
may be refused if it appears to the Committee that the motion was made
with intent to delay. Orders of the Committee upon the matters provided
herein shall be made upon motion filed before it and notice to adverse
party and an opportunity to be heard.

G. The complainant may so swear either by oath or by solemn


affirmation before any notary public or any official authorized to administer
oaths.
Sec. 17. Processing of Sworn and Verified Complaints. After the
Committee receives a sworn or verified complaint against any Member
of the Senate, it shall give notice to the respondent that it will determine
within five (5) days from receipt of the complaint whether the complaint
has complied both in form and in substance with Section 16 of this Rule:

G. A defect in the designation of the parties and other clearly clerical


and typographical errors may be summarily corrected by the Committee
motu propio or upon motion.
H. The Committee shall likewise allow amendments to conform or
to authorize presentation of evidence.

A. If it is determined that a complaint against any Member of the


Senate failed to substantially comply with the requirements set forth in
Section 11 of this Rule it shall be returned to the complainant with a
statement explaining how the complaint failed to comply under these
Rules.
B. The complainant may opt to amend or modify his complaint after
the Committees initial determination of noncompliance with Section 11
of this Rule and subsequently re-file the same with the Committee. If
such re-filed complaint has been determined to have substantially
complied with the requirements herein provided, the Committee shall
continue with the processing of the complaint under this Rule.
C. A complaint which has been determined to have complied, both
in form and in substance, shall be transmitted to the respondent within
five (5) days from the date of such determination. The transmittal notice
shall include the date of the receipt of the complaint and a statement
inviting the respondent to provide any information relevant to the complaint
to the Committee. A copy of the Rules will be supplied together with the
transmittal notice.
D. Any delay on the transmittal of the complaint or a notice of filing
of a complaint to the respondent shall not render any subsequent
proceedings defective or null and void.

RULE 3
PROCEDURE GOVERNING THE RECEIPT OF
ALLEGATIONS OTHER THAN A SWORN OR
VERIFIED COMPLAINT
Sec.18. Unsworn or Unverified Allegations, Complaint or Information.
Any Member of the Senate and any other person may report to the
Committee on Ethics and Privileges any credible information available to
him or her that any named or anonymous Member of the Senate may
have committed any of the following acts:
A.

Violated a law;

B. Violated any rule of the Senate relating to his or her conduct and/
or demeanor or during the performance of official duties as Members of
the Senate.
C. Engaged in improper conduct which may reflect upon the Senate,
such allegations or information may be reported to the Chairperson, Vice
Chairperson, Member of the Committee or any member of the Committee
Staff.

Sec. 19. Sources of Unsworn Allegations. - The information that will be


reported to the Committee under Section 18 of this Rule shall be obtained
from a variety of records, including but not limited to the following:
A. Sworn or verified complaints that were determined to have failed
to comply with the requirement of Rule 2;
B. Anonymous or informal complaints, whether or not satisfying the
requirements of Rule 2;
C. Information developed and harnessed by a study or inquiry by
the Committee or other committees or subcommittees of the
Senate, including information obtained in connection with
legislative or general oversight hearings;
D. Information reported by the news media; or
E. Information obtained from any individual, agency or department
of the executive or any other branch of the Government.
Sec. 20. Anonymous Complaints or Adverse Newspaper and Other Media
Reports/Comments. The Chairperson or upon a motion of any Member
of the Committee may refer to any Member of the Senate any anonymous
complaints or adverse newspaper and other media reports that affect his
or her personal integrity and that of the Senate as an institution.
A. Any Member of the Senate who shall be the subject of an
anonymous complaint or adverse newspaper and other media
reports/comments may rise on a question of personal or collective
privilege to answer it and have his speech referred to the
Committee for investigation.
i.

Within ten (10) days from the date of the referral to the
Committee for investigation, a preliminary inquiry shall be
called by the Chairperson on such time and date that may
be subsequently determined.

B. In case of inaction, silence or deliberate omission on the Member


who is the subject of the anonymous complaint or adverse
newspaper and other media reports; or the anonymous complaint
is consistently sent or filed with the Committee or the newspaper

and other media report is repeatedly published or aired, the


Chairperson or upon motion of any member of the Committee,
may refer the same to the concerned Member of the Senate for
his or her information, comment or explanation.
Sec. 21. Preliminary Inquiry. When information is presented to the
Committee pursuant to Section 15 and Section 16 (A), (B) & (C) of Rule
2 or upon a direct referral from the floor under Section 20 (A) of this Rule,
the information or privilege speech shall be immediately transmitted to
the Chairperson so he may conduct a preliminary inquiry.
A. A preliminary inquiry may include any inquiries or interviews that
the Chairperson may deem necessary or appropriate. In particular,
the preliminary inquiry may seek independent credible evidence
that tends to corroborate the information received and may also
include discussion or correspondence with the complainant, if any,
and/or with the respondent, if any.
RULE 4
PROCEDURE FOR THE CONDUCT OF
PRELIMINARY INQUIRY
Sec. 22. Basis for Preliminary Inquiry. The Committee shall promptly
commence preliminary inquiry whenever it has received either:
A.

A sworn statement or verified complaint that the Committee


has determined to have complied with the requirements of
Rule 2;

B.

Unsworn allegations or information that have caused the


Committee to determine, in accordance with Rule 3, that an
initial review must be conducted; or

C.

After a direct referral from the floor under Section 15 (A) i of


the same rule.

Sec. 23. Scope of Preliminary Inquiry. The preliminary inquiry shall be


in such duration and scope as may be necessary to determine whether
there is credible substantial evidence that provides substantial cause for

the Committee to conclude that a violation within the jurisdiction of the


Committee has been committed which includes improper conduct.
The preliminary inquiry may include any inquiries or interviews that the
Committee deems appropriate to obtain the evidence upon which to make
the determination required by the preceding section, including the taking
of sworn statements and the use of subpoenas to compel the attendance
of witnesses and production of documents and other object evidence.

technical, or otherwise de minimis in nature. In this case, the


Committee may attempt to correct or to prevent such violation
by informal means and methods. The Committees final
determination in this matter shall be reported to the complainant,
if there is any, or to the respondent.
C.

Sec. 24. Opportunity to Respond. A preliminary inquiry may include an


opportunity for any known respondent to present either a written or oral
statement or to respond orally to questions of the Committee. Such oral
statements shall be transcribed and signed by the respondent.
Sec. 25. Status Reports. The Committee Staff or general counsel shall
periodically report to the Committee in the form and according to the
schedule prescribed by the Committee. The report shall be confidential.
Sec. 26. Preliminary Inquiry Report. After the completion of the
preliminary inquiry and declared closed by the Chairperson, he or she
shall make a report on its findings and his recommendations to the
Committee.
Sec. 27. Committee Action. Within ten (10) days from the date of the
submission of the report of the preliminary inquiry, the Committee shall
determine whether there is substantial credible evidence which provides
substantial cause for the Committee to conclude that a violation within
the jurisdiction of the Committee has occurred. The Committee may take
any of the following determinations:
A.

The Committee may determine that there is no such substantial


credible evidence. In this case, the Committee shall report its
determination to the complainant, if any, and to the respondent,
together with an explanation of the basis for the determination.
The explanation may be as detailed as the Committee may so
desire, but it is not required to include a complete discussion of
the evidence collected in the initial review.

B.

The Committee may determine that there is such substantial


credible evidence, but that the alleged violation is inadvertent,

The Committee may determine that there is such substantial


credible evidence, but the alleged violation, if proven, although
not of a de minimis nature, would not be sufficiently serious to
justify any disciplinary action. In this case, the Committee, by
the recorded affirmative vote of at least four (4) members, may
propose a remedy that it deems appropriate. If the respondent
agrees to the proposed remedy, a summary of the Committees
conclusions and the remedy proposed and agreed to shall be
filed as a public record with the Secretary of the Senate and a
notice of the filing shall be printed in the Records of the Senate;

D. The Committee may determine that there is such substantial


credible evidence, and also either:
i. that the violation, if proven, would be sufficiently serious to
warrant imposition of a severe disciplinary action.
ii. that the violation, if proven, is less serious, but was not resolved
pursuant to the procedure in paragraph C. In either case, the
Committee shall order that an investigation be promptly
conducted in accordance with Rule 5;
E.

The Committee, in case of exoneration, must accord to that


determination due publicity at no expense to the respondent.

F.

The Committee may determine that it has no jurisdiction over


the alleged act or conduct, whether or not there is substantial
evidence, such as when the duty to determine whether or not
there has been a violation of the law belongs or pertains to
another body, board or tribunal, or when no Senate rule was
violated or when the supposed improper conduct does not relate
to the performance of an official Senate duty or an occasion of
the performance of Senate functions. In such a case, the
Committee shall report its determination to the complainant, if

any, and to the respondent, together with the basis for the said
determination.
RULE 5
GENERAL PROCEDURES FOR THE
CONDUCT OF HEARINGS
Sec. 28. Right to a Hearing. The Committee shall accord to the
respondent an opportunity to be heard before it recommends disciplinary
action. The Committee may hold a public or executive hearing on any
inquiry or other proceedings for the purpose.
Sec. 29. Non-Public Hearings. The Committee may, at anytime, during
a hearing determine whether to receive the testimony of specific witness/
es in executive session. If the witness desires to express a preference
for testifying in public or in an executive session, he or she shall now
notify the Committee at least five (5) days before he or she is scheduled
to testify.
Sec.30. Adjudicatory Hearings. The Committee may, by a majority vote,
designate any public or executive hearing as an adjudicatory hearing;
and any hearing which is concerned with the possible disciplinary action
against a respondent or respondents designated by the Committee shall
be an adjudicatory hearing. In any adjudicatory hearing, the procedures
described in Rule 6 shall apply.
Sec. 31. Subpoena Power. The Committee may compel the attendance
and testimony of such witnesses and the production of such
correspondence, books, papers, documents or other articles as it may
deem necessary.
Sec. 32. Notice of Hearing. The Committee shall make public an
announcement of the date, place and subject matter of any hearing to be
conducted by it in accordance with Rule 1 Section 5 hereof. Notices of
Hearing shall be furnished to the members of the Committee, complainant,
if there is any, respondent and other persons, personally, by mail and/or
by posting a copy thereof at the designated bulletin board, within the
Senate premises.

Sec. 33. Presiding Officer. The Chairperson shall preside over the
hearings or, in his absence, the Vice Chairperson. If the Vice Chairperson
is also absent, a Committee member designated by the Chairperson shall
preside. If an oath or affirmation is required, it shall be administered to a
witness by the Presiding Officer or, in his absence, by any Committee
member or the General Counsel of the Committee.
Sec. 34. Witnesses. The Committee, the complainant, if there is any
and the respondent may call witnesses to testify for and in their behalf.
A. A subpoena ad testificandum shall be served on a witness
sufficiently in advance of his or her scheduled appearance to allow
the witness, within the period to be prescribed by the Committee,
to prepare for the hearing and, if necessary, to engage the services
of a counsel.
B. The Committee may, by majority vote, rule that no member of
the committee, committee staff Members or the general counsel
shall make public the name of any witness summoned by the
Committee before the date of the witness scheduled appearance
except if specifically authorized by the Chairperson and Vice
Chairperson acting jointly.
C. Any witness desiring to read a prepared or written statement
in an executive or public hearing shall file a copy of such
statements with the Committee at least three (3) working days
prior to the date of the hearing at which the statement is to be
presented. The Chairperson and Vice Chairperson shall determine
whether such prepared or written statement may be read or placed
into the Records during the date of the hearing.
Sec. 35. Right to Testify. Any person whose name is mentioned or who
is specifically identified or otherwise referred to in testimony or in
statements made by member/s of the Committee, staff members, general
counsel or any witness and who reasonably believes that the statement
tends to adversely affect his or her reputation may:
A. Request to appear personally before the Committee to testify
in his or her own behalf; or

B. File a sworn statement relevant to the testimony or other


evidence or statement of which he or she was mentioned.
Such request and such statement shall be submitted to the
Committee for its consideration and action.
Sec. 36. Conduct of Witnesses and Other Attendees. The Presiding
Officer may punish any breach of order and decorum by censure and
exclusion from the hearings. The Committee, by a majority vote, may
have the offender cited for contempt of Congress.
RULE 6
PROCEDURE FOR THE CONDUCT OF AN
ADJUDICATORY HEARING
Sec. 37. Notice of Preliminary Conference. After a copy of the public
announcement of an adjudicatory hearing has been served to the
complainant and respondent, or their respective counsels, the Chairperson
shall set the matter for preliminary conference, he/she may delegate the
authority to conduct the same to the Committee Secretary and the General
Counsel.
Sec. 38. Preliminary Conference Brief. Within three days from the date
of the preliminary conference set by the Chairperson, both parties shall
file with the latter their respective briefs which shall allege the following:
i. A summary of admitted facts and proposed stipulation of facts.
ii. The issues to be tried or resolved.
iii. The documents or exhibits to be presented, if possible with their
proposed markings, stating their respective purposes.
iv. The number and names of their respective witnesses and the
substance of their testimonies.
A. Upon failure of the complainant to file his or her brief within the
above-prescribed period, the Committee may declare his/her nonsuited and his/her complaint shall subsequently be dismissed
without prejudice.
B. The failure of the respondent to file his/her brief shall constitute
contempt of the Committee and be liable to sanctions independent
of the complaint subject of the adjudicatory hearing.

C. At the discretion of the Committee, the contents of the briefs


submitted by the complainant and the respondent may be declared
confidential, classified, and/or limited access. Otherwise it shall
be constituted as part of public records.
Sec. 39. Record of Preliminary Conference. The proceedings in the
preliminary conference shall be recorded. Upon the termination thereof,
the Committee shall issue an order which shall recite in detail the matters
taken up in the conference; the action taken thereon, the amendments
allowed to the pleadings, the agreements or admissions made by the
parties as to any of the matters considered. Should the complaint proceed
to adjudicatory hearing, the order shall explicitly define and limit the issues
to be resolved. The contents of the order shall control the subsequent
course of the complaint unless modified before the adjudicatory hearing
to prevent manifest in justice.
Sec. 40. Order of Proceedings. After five (5) days from receipt of the
parties of the preliminary conference order, the Chairperson shall set the
adjudicatory hearing for reception of the evidence of the parties, the
counsels for the complainant and respondent may enter their appearance
on behalf of their respective principals. After the complainant has
completed its presentation of evidence, the respondent shall present his
evidence in support of his/her defense.
Upon proper motion, the parties may also be allowed to present
rebuttal and sur-rebuttal evidence. After the completion of the presentation
of the respondents sur-rebuttal evidence, the Chairperson shall order
the termination of the adjudicatory hearing.
Sec. 41. Swearing of Witnesses. All witnesses who will testify at
adjudicatory hearings shall be sworn or required to take an oath before
the taking of their testimonies.
Sec. 42. Right to Counsel. Any witness at an adjudicatory hearing may
be accompanied by a counsel of his or her own choice, who shall be
permitted to advise the witness of his or her rights during the testimony
with prior permission of the Chairperson. However, lack of counsel of
any witness may not be used to defeat the purpose for which he or she
was ordered to testify by the Committee. In cases where a witness fails
to obtain the services of a counsel of his or her own choice (de parte), the

Committee may assign any lawyer from the Senate Legal Department to
serve as the witness counsel de oficio.
Sec. 43. Examination of the Complainant, Respondent and Their
Witnesses. Both parties may be examined by their respective counsels
to support their complaint/defenses. They may also be cross-examined
by the lawyer of the adverse party. Witnesses may be examined by the
party offering his/her testimony and may be cross-examined by the
adverse party.
A. Any party may apply to the Committee for the issuance of
subpoena DUCES TECUM and/or AD TESTIFICANDUM for
the production of documents and/or appearance of witnesses
on his or her behalf. An application shall be approved upon a
concise showing by the applicant that the prepared testimony
or document sought to be SUBPOENAED is relevant and
appropriate as determined by the Chairperson and Vice
Chairperson.

B. The Presiding Officer shall rule on any question on the


admissibility of the evidence offered and submitted before
the Committee. Such rulings shall be final unless reversed or
modified by a majority vote of the Committee before the days
adjournment.
Sec. 48. Supplemental Rules of Procedure. The Committee may adopt
supplementary rules of which it may deem necessary to a particular
adjudicatory hearing. Copies of such supplementary rules of procedure
shall be furnished to the parties.
Sec. 49. Transcript of Stenographic Notes. An accurate stenographic
notes or recorded transcript shall be taken and made in all proceedings
of the Committee.

Sec. 47. Admissibility of Evidence. The object of the hearing shall be to


ascertain the truth. Any evidence that is relevant, material and probative
shall be admissible unless declared privileged under the rules on evidence.

A. Any proposed correction of the transcript of the stenographic


notes shall be put in writing and addressed to the Chairperson
of the Committee, by way of motion, for appropriate action. The
adverse party shall be duly furnished with the copy of the motion
containing proposed corrections. Any member of the Committee,
Committee Staff, general counsel or witness may examine a
copy of the transcript retained by the Committee of his or her
own remarks and may suggest to the official reporter any
typographical or transcription errors. If the reporter declines to
make the requested corrections, any member of the Committee,
committee staff, the general counsel or witness may request
for a ruling by the Chairperson who will be acting in consultation
with the Secretary of the Senate. Any member or witness shall
return the transcript with the suggested corrections to the
Committee office within thirty-six (36) hours after the receipt of
the transcript. If the testimony was given in an executive session,
the member of the Committee or the witness concerned may
only inspect the transcripts of stenographic notes at a location
that will be determined by the Chairperson. Any questions with
respect to the processing and correction of transcripts shall be
decided by the Chairperson.

A. The Rules of Evidence shall not be applied strictly but the


Chairperson or the Presiding Officer may exclude irrelevant or
unduly repetitious testimony.

B. Except for the record of a hearing which is closed to the public,


each transcript shall be printed within twenty-four (24) hours
from receipt of the corrected version. The Chairperson and Vice

Sec. 44. Clarificatory Questions. With prior leave of the Chairperson,


any member of the Committee may ask clarificatory questions to the
witness being examined at any stage of his/her testimony.
Sec. 45. Rulings on Motions and Objections. All motions, objections
and requests shall be addressed to the Chairperson who shall rule or act
on the same. The Chairperson may refer any motion or objection to the
Committees General Counsel for the latters opinion.
Sec. 46. Presiding Officer. The Chairperson may ask the ViceChairperson or any member of the Committee to act as presiding officer
over any adjudicatory hearing. Such presiding officer shall exercise the
functions of the Chairperson during an adjudicatory hearing as provided
under this rule.

Chairperson, acting jointly, may order the transcript of a hearing


to be printed without the corrections of a member of the
Committee or a witness if they determine that such member of
the Committee or witness has been afforded reasonable time
to correct such transcript and such transcript has not been
returned to the Committee within such time.
C. Any witness may request, at his or her own cost, one copy
of the transcript of his or her testimony given at a public hearing.
If the testimony was given in an executive session, then a copy
of the transcript shall be provided upon the request and subject
to appropriate conditions and restrictions prescribed by the
Chairperson and Vice Chairperson. If any individual violates such
conditions and restrictions, the Committee may, by a majority
vote, have the offender cited for contempt.
Sec. 50. Committee Report. Within thirty (30) session days from the
declaration of the Chairperson of the termination of the adjudicatory
hearing, the Committee, upon a majority of vote of the members, shall
adopt a committee report.
RULE 7
SUBPOENA POWER
Sec. 51. Subpoena Power. The Committee is authorized to sit and act
at such times and places during sessions, recess and adjourned periods
of the Senate as it deems advisable. The Committee is similarly authorized
to require by subpoena the attendance of such witnesses or the production
of such correspondence, books, papers, documents, objects or other
articles as it deems advisable.
Sec.52. Procedure. Subpoenas may be issued either:
A. By a majority vote of the Members of the Committee;
B. By the Chairperson.
All subpoenas shall be signed by the Chairperson and approved by the
Senate President and may be served by any person designated by the

Chairperson and the Vice Chairperson. Each subpoena shall be served


with a copy of these Rules with a brief statement of the purpose of the
initial review, preliminary inquiry or hearing proper.

RULE 8
VIOLATIONS OF LAW, PERJURY; LEGISLATIVE
RECOMMENDATIONS; APPLICABLE RULES AND
STANDARDS OF CONDUCT
Sec. 53.Violation of Law. Whenever the Committee determines by
majority vote that there is reason to believe that a violation of law may
have been committed, it shall report such possible violation to the
Ombudsman or the Department of Justice, whichever is the appropriate
prosecutorial authority.
Sec. 54. Perjury. Any person who knowingly and willfully swears falsely
to a sworn or verified complaint or any other sworn statement to the
Committee does so under penalty of perjury. The Committee may refer
any such case to the same authorities for prosecution.
Sec.55. Legislative Recommendation. The Committee shall recommend
to the Senators, by report or resolution, such additional rules, regulations,
or other legislative measures as it determines to be necessary or desirable
to ensure proper standard of conduct by Members, Officers, or employees
of the Senate. The Committee may conduct such inquiries as it deems
necessary to prepare such report or resolution, including the holding of
hearings in public or in an executive session and the use of subpoenas
to compel the attendance of witnesses or the production of materials.
The Committee may take legislative recommendations as a result of its
findings to an initial review, investigation or other proceeding.
Sec.56. Applicable Rules and Standards of Conduct. No initial review
or investigation shall be made of an alleged violation of law, rule, regulation
or provision which was not in effect at the time the alleged violation
occurred. No provision or norms shall apply to or require disclosure of
any act or relationship or transaction which occurred prior to the effective
date of the said provisions or norm or before the Member has taken his
or her oath.

RULE 9
PROCEDURES FOR HANDLING COMMITTEE
SENSITIVE AND CLASSIFIED MATERIALS
Sec. 57. Procedures for Handling Committee Sensitive Materials.
Committee sensitive information or material is information or material
in the possession of the Committee on Ethics and Privileges which
pertains to illegal or improper conduct by a present or former member of
the Senate; to allegations or accusation of such conduct; to any resulting
preliminary inquiry, initial review, or investigation by the said Committee
into such allegations or conduct; to the investigative techniques and
procedures of the said committee; or to other information or material
designated by the staff director, or general counsel appointed by the
Chairperson.
Sec. 58. The Chairperson and Vice Chairperson of the Committee shall
establish such procedures as may be necessary to prevent the
unauthorized disclosure of classified information in the possession of
the Committee or its staff. Procedures for handling such information
shall be given to each member cleared for access to classified
information.
Sec. 59. Each member of the Committee shall have access to classified
material in the Committees possession. Only Committee staff members
with appropriate security clearances, as approved by the Chairperson
and Vice Chairperson, acting jointly, shall have access to classified
information in the Committees possession.

RULE 10
PROCEDURES FOR HANDLING COMMITTEE
SENSITIVE AND CLASSIFIED DOCUMENT
Sec. 60. Committee sensitive and classified documents and materials
shall be segregated in secured filing safes. Removal from the Committee
offices of such documents or materials is prohibited except as necessary
for use in, or preparation for, interviews or Committee meetings, including
the taking of testimony, or as otherwise specifically approved by the staff
director or by the general counsel designated by the Chairperson.

Sec. 61. Each member of the Committee shall have access to all materials
in the Committees possession. The legislative staff of members shall not
have access to Committee sensitive or classified documents and materials
without the specific approval in each instance of the Chairperson.
Members may examine such materials inside the Committees offices
only. If necessary, requested materials may be taken by a member of the
Committee staff to the office of a member of the Committee for his or her
examination, but the Committee staff members shall remain with the
Committee sensitive or classified documents or materials at all times
except as specifically authorized by the Chairperson or Vice Chairperson.
Sec. 62. Any member of the Senate who is not a member of the Committee
and who seeks to access any Committee sensitive or classified documents
or materials, other than documents or materials which are matters of
public record, shall request access in writing. The Committee shall decide
by majority vote whether to make such documents or materials available.
If access is granted, the members shall not disclose the information except
as authorized by the Committee.
Sec. 63. Whenever the Committee makes Committee sensitive or
classified documents or materials available to any member of the Senate
who is not a member of the Committee, or to a staff person of a committee,
a written record shall be made identifying the members of the Senate
requesting such documents or materials and describing what was made
available and to whom.

RULE 11
BROADCASTING AND NEWS COVERAGE OF
COMMITTEE PROCEEEDINGS
Sec. 64. To fully document the proceedings of the Committee, audiovideo coverage of the proceedings shall be allowed except in cases where
the Chairperson and/or the Committee had declared otherwise.
Sec. 65. A witness in any of the proceedings of the Committee may request
not to be photographed or to give evidence or testimony while the
broadcasting, reproduction, or coverage of that hearing, by radio,
television, still photography or other methods are taking place.

RULE 12
PROCEDURE FOR ADVISORY OPINIONS

A. An advisory opinion shall be issued only by the affirmative


votes of the majority of all the members of the Committee.

Sec. 66. When Advisory Opinions are Rendered. The Committee shall
render an advisory opinion, in writing within a reasonable time, in response
to a written request by a Member or officer of the Senate, concerning the
application of any law, or any rule or regulation of the Senate, to a specific
factual situation pertinent to the conduct or proposed conduct of the person
seeking the advisory opinion.

Sec. 71. Reliance on Advisory Opinions. Any advisory opinion issued


by the Committee may be relied upon by:

Sec. 67. The Committee may issue an advisory opinion, in writing within
a reasonable time, in response to a written request by any employee of
the Senate concerning the application of any law or any rule or regulation
of the Senate within the Committees jurisdiction, to a specific factual
situation pertinent to the conduct or proposed conduct of the person
seeking the advisory opinion.

B. Any person who relies upon any provision or finding advisory


opinion of the Committee, and who acts in good faith in accordance
with the provisions and findings of such advisory opinion shall
not, as a result of any such act, be subject to any sanction of the
Senate.

A. Any person involved in the specific transaction or activity which


is indistinguishable in all material aspects from the transaction or
activity with respect to which such advisory opinion is rendered.

Sec. 68. Form of Request. A request for an advisory opinion shall be


directed in writing to the Chairperson of the Committee and shall include
a complete statement of the specific factual situation with respect to which
request is made as well as the specific question which the requestor
wishes the Committee to address.

Sec. 72. Request for Ruling. A request for ruling must be directed to
the Chairperson of the Committee.

Sec. 69. Opportunity for Comment. The Committee will provide an


opportunity for any interested party to comment on a request for an
advisory opinion:

Sec.73. Adoption of Ruling. The Chairperson and Vice Chairperson,


acting jointly, shall issue a written interpretative ruling in response to any
such request, unless:

A. That requires an interpretation on a significant question of


first impression that will affect more than a few individuals; or
B. That the Committee determines that comments from interested
parties would be of assistance.
All relevant comments on a timely basis will be considered.
Sec. 70. Issuance of an Advisory Opinion. The Chairperson and Vice
Chairperson, acting jointly, will present a proposed advisory opinion to
the Committee for its final action. If the Chairperson and Vice Chairperson
request that it be taken directly to the Committee, then the proposed
advisory opinion shall be referred to the Chairperson for its decision.

RULE 13
PROCEDURE FOR INTERPRETATIVE RULINGS

A. They cannot agree;


B. It requires an interpretation of a significant question of first
impression; or
C. Either requests that it be taken to the Committee, in which
event the request shall be directed to the Committee for ruling.
Sec. 74. A ruling on any request taken to the Committee under Section
72 of this Rule shall be adopted by a majority of the members voting and
ruling shall then be issued by the Chairperson and Vice Chairperson.
Sec. 75. Reliance on Rulings. - Whenever an individual can demonstrate
to the Committee a satisfaction that his or her conduct was in good faith,

reliance on an interpretative ruling issued in accordance with this Rule,


the Committee will not recommend sanctions as a result of such conduct.

Sec. 81. Effectivity. These Rules shall be effective after publication in


the Official Gazette or in a newspaper of general circulation.
Adopted.

RULE 14
COMMITTEE STAFF
Sec. 76. Committee Policy. No member of the staff or general counsel
may accept public speaking engagements or write for publication on any
subject that is in any way related to his or her employment or duties with
the Committee without specific written advance permission from the
Chairperson.
Sec. 77. No member of the staff may make public without Committee
approval any Committee sensitive or classified information, documents
or other material obtained during the course of his or her employment
with the Committee.
Sec. 78. Appointment of Staff. The appointment of all staff shall be
approved by the Chairperson.
Sec. 79. General Counsel. The Committee may have its own General
Counsel to be appointed by the Chairperson.
The General Counsel shall be the Legal Adviser of the Committee,
to be appointed by the Chairperson and who shall, among others, present
before the Committee a particular matter in an orderly and organized
manner the examination of witnesses and resource persons, preparation
of documents and position papers for the Committee, and who shall
undertake investigative and preliminary work for the Committee on all
matters within its jurisdiction.

RULE 15
AMENDMENTS TO THE RULES
Sec. 80. The Rules of the Committee may be modified, amended or
suspended at any time, pursuant to a majority vote of the members present
there being a quorum.

VICENTE C. SOTTO III


Chairperson

GREGORIO B. HONASAN II
Member

EMMANUEL D. PACQUIAO
Member

PANFILO M. LACSON
Member

GRACE POE
Member

RISA HONTIVEROS
Member
EX-OFFICIO MEMBERS:

FRANKLIN M. DRILON
Senate President Pro-tempore

RALPH G. RECTO
Minority Floor Leader