Name: Dela Cruz, Mary Julieanne DR.

Section: JD-1D
Constitutional Law 01 | Bar Question – Quiz
Case: Garcilliano v. House of Representatives
Question:
Several Committees of the House of Representatives have initiated a Legislative Inquiry
regarding several recordings of two Members alleged to be in collusion with the intention of
manipulating the incoming Local Government Elections to spread unfair influence across
multiple municipalities. The Investigation was approved, and developments were quick to
advance. However, several HoR Members, and Senators, filed a Petition for Prohibition and
Injunction, with a Prayer for a temporary restraining order, seeking to suspend any further
investigation and to bar the playing of these alleged recordings in the congressional chamber.
They invoke a violation of Section 21, Article VI of the 1987 Constitution, which requires that
Rules on Procedures for Legislative Inquiry must first be published to the public before such an
Inquiry progresses. This was justified by the invocation of the Electronic Commerce Act of 2000,
which is well within the provisions of the constitutionally mandated publication of rules on
procedure. Is the Invocation of R.A. 8792, or the Electronic Commerce Act, well within the
publications defined under Section 21, Article VI of the Constitution? Why or Why not?
Answer:
NO. The Invocation of the Electronic Commerce Act as well within the publications defined
under Section 21, Article VI of the Constitution is untenable. According to Jurisprudence, the
law merely recognizes the admissibility in evidence (for their being the original) of electronic
data messages and/or electronic documents. It does not make the internet a medium for
publishing laws, rules and regulations. Thus, the only publications considered by the
constitutional mandate are those published in 2 newspapers of general circulation or the Official
Gazette.