MODULE 1

I. Effect and Application of Laws (Articles 1-10, New Civil Code)

Case Title Pimentel v. SENATE COMMITTEE OF THE WHOLE, GR No. 187714, March
8, 2011
Ponente Carpio, J.
Keywords/Terms
Publication; Internal rules

Provision/Doctrine The rules of the House or the Senate that affect only their members are internal
to the House or Senate which need not be published, unless such rules
expressly provide for their publication before the rules can take effect.
Facts Senator Panfilo Lacson delivered a privileged speech entitled "Kaban ng
Bayan, Bantayan!" In his privilege speech, Senator Lacson called attention to
the congressional insertion in the 2008 General Appropriations Act, particularly
the ₱200 million appropriated for the construction of the President Carlos P.
Garcia Avenue Extension including the Right-of-Way, and another ₱200 million
appropriated for the extension of C-5 road including said right of way.
Respondent Senate Committee of the Whole conducted two hearings. On both
hearings, petitioners objected to the application of the Rules of the Ethics
Committee to the Senate Committee of the Whole.

Petitioners particularly contended that the Senate Committee on the Whole

violated the due process clause of the Constitution when it refused to publish
the Rules of the Senate Committee of the Whole, despite its own provision,
requiring publication for its effectivity.

Respondent argues that the published Rules of the Ethics Committee governs
both the Ethics Committee and the Senate Committee of the Whole; thus there
is no consequent need to publish the Rules of the Senate Committee of the
Whole.
Issue Whether publication of the Rules of the Senate Committee of the Whole is
required for their effectivity.
Ruling YES. In Neri v. Senate Committee on Accountability of Public Officers and
Investigations, the Court declared void unpublished rules of procedure in
Senate inquiries insofar as such rules affect the rights of witnesses. The Court
cited Section 21, Article VI of the Constitution which mandates:

Sec. 21. The Senate or the House of Representatives or any of its

respective Committees may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.

The Constitution does not require publication of the internal rules of the House
or Senate. Since rules of the House or the Senate that affect only their
members are internal to the House or Senate, such rules need not be
published, unless such rules expressly provide for their publication
before the rules can take effect.
In this case, the proceedings before the Senate Committee of the Whole affect
only members of the Senate since the proceedings involve the Senate’s
exercise of its disciplinary power over one of its members. Clearly, the Rules
of the Senate Committee of the Whole are internal to the Senate. However,
Section 81, Rule 15 of the Rules of the Senate Committee of the Whole
provides:

Sec. 81. EFFECTIVITY. These Rules shall be effective after publication

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

Hence, in this particular case, the Rules of the Senate Committee of the Whole
itself provide that the Rules must be published before the Rules can take
effect. Thus, even if publication is not required under the Constitution,
publication of the Rules of the Senate Committee of the Whole is required
because the Rules expressly mandate their publication. The majority of the
members of the Senate approved the Rules of the Senate Committee of the
Whole, and the publication requirement which they adopted should be
considered as the will of the majority. Respondent cannot dispense with the
publication requirement just because the Rules of the Ethics Committee had
already been published in the Official Gazette. To reiterate, the Rules of the
Senate Committee of the Whole expressly require publication before the Rules
can take effect. To comply with due process requirements, the Senate must
follow its own internal rules if the rights of its own members are affected.