Title
Pimentel, Jr. vs. Senate Committee on the Whole
Case
G.R. No. 187714
Decision Date
Mar 8, 2011
Senators challenged Senate Committee of the Whole's investigation into Villar's alleged P200M C-5 Road fund insertion, citing due process and equal protection violations. Court upheld Senate's authority but required rule publication.

Case Digest (G.R. No. 150382)
Expanded Legal Reasoning Model

Facts:

  • Parties and Petition
    • Petitioners
      • Senators Aquilino Q. Pimentel, Jr.; Manuel B. Villar; Joker P. Arroyo; Francis N. Pangilinan; Pia S. Cayetano; Alan Peter S. Cayetano.
      • They filed a petition for prohibition with prayer for a writ of preliminary injunction and/or temporary restraining order under Rule 65, RCP.
    • Respondent
      • Senate Committee of the Whole, represented by Senate President Juan Ponce Enrile.
      • Subject of relief: further hearings on a complaint filed by Senator Maria Ana Consuelo A.S. Madrigal under Senate Resolution No. 706 regarding alleged double insertion of ₱200 million for the C-5 Road Extension Project in the 2008 General Appropriations Act.
  • Antecedents of Investigation
    • Lacson Privilege Speech (15 Sept. 2008)
      • Senator Panfilo Lacson highlighted two ₱200 million line items covering the same stretch of road, alleging a “double entry.”
      • Information traced the insertion to Senator Villar through a congressional insertion.
    • P.S. Resolution No. 706 (8 Oct. 2008)
      • Authored by Senator Madrigal, it alleged that Senate President Villar used his influence to realign the C-5 Road Extension Project through his properties and negotiated overpriced rights of way.
      • It resolved to direct the Committee on Ethics and Privileges to investigate Villar for conflict of interest and violation of public trust.
    • Composition and Reorganization of Ethics Committee
      • Initial members named upon referral; Minority declined to nominate its representatives after Senator Enrile’s election as Senate President (17 Nov. 2008).
      • Reorganization under Chairperson Lacson; continued refusal by Minority to join stalled the investigation.
    • Referral to Committee of the Whole
      • Senator Villar delivered a privilege speech (20 Apr. 2009) refusing to appear before the Ethics Committee.
      • Senator Lacson moved to refer the matter to the Senate acting as a Committee of the Whole (27 Apr. 2009); approved by 10 votes in favor, none against, 5 abstentions.
    • Committee of the Whole Proceedings (May 2009)
      • Preliminary hearings held on 4 and 7 May 2009; petitioners objected to use of Ethics Committee Rules and disputed quorum determination.
      • Petitioners proposed amendments to the Rules; three were adopted.
      • Petitioners raised the need to publish the Rules of the Senate Committee of the Whole (14 May 2009).
      • On 21 May 2009, substantial evidence was found to proceed with adjudicatory hearings; preliminary conference set for 26 May 2009.
    • Petition for Prohibition
      • Grounds:
        • Transfer of complaint violates equal protection.
        • Adoption of Ethics Committee Rules violates due process and the Article VI, Sec. 16(2) majority-quorum requirement.
        • Failure to publish the Committee of the Whole Rules violates due process and the Committee’s own effectivity provision.

Issues:

  • Indispensable Party
    • Whether Senator Madrigal is an indispensable party in the petition.
  • Prematurity/Primary Jurisdiction
    • Whether the petition is premature for failure to observe the doctrine of primary jurisdiction or prior resort to the Senate.
  • Equal Protection
    • Whether the transfer of the complaint from the Ethics Committee to the Committee of the Whole violates equal protection of Senator Villar.
  • Due Process & Quorum
    • Whether adopting the Ethics Committee Rules for the Committee of the Whole violates Villar’s right to due process and the constitutional majority-quorum requirement (Art. VI, Sec. 16(2)).
  • Publication Requirement
    • Whether the Rules of the Senate Committee of the Whole must be published for their effectivity.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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