Title
Romero II vs. Estrada
Case
G.R. No. 174105
Decision Date
Apr 2, 2009
Petitioners challenged Senate Committee's investigation into OWWA funds' investment, alleging sub judice, self-incrimination; SC dismissed, citing mootness, legislative purpose.

Case Digest (G.R. No. 174105)
Expanded Legal Reasoning Model

Facts:

  • Initiation of Senate Inquiry
    • Senate Committee on Labor, Employment, and Human Resources Development (Committee), chaired by Sen. Jinggoy Estrada, issued PS Resolutions Nos. 537 and 543 in 2006 to investigate the alleged P550.86 M loss of OWWA funds in the Smokey Mountain project “in aid of legislation.”
    • The stated purpose was to review and possibly amend R.A. 8042 (Migrant Workers Act) and propose new protective measures for OWWA investments.
  • Invitations, Subpoenas, and Petitioners’ Response
    • On August 15, 2006, petitioner Reghis Romero II (owner of R-II Builders, Inc.) received an invitation to the August 23 hearing; he sought to be excused on August 18. The Committee denied his request on August 28.
    • Subpoenas ad testificandum were served on Romero II and six other board members, commanding their appearance at hearings on September 4 (Romero II) and later dates (other petitioners).
  • Judicial Proceedings and TRO Applications
    • Petitioners filed a Rule 65 petition (G.R. No. 174105) on August 30, 2006, seeking prohibition and injunctive relief to bar the Committee’s inquiry and enforcement of subpoenas.
    • After failing to secure a TRO, Romero II appeared on September 4, testified, then immediately sought a TRO via Manifestation and Urgent Plea, alleging harassment, sub judice conflict with Chavez v. National Housing Authority (G.R. No. 164527), and risk of self-incrimination and arrest.
    • Respondents opposed, arguing the inquiry was a political question, outside the sub judice rule, and protected petitioners’ rights against self-incrimination.

Issues:

  • Whether the Senate inquiry is barred by the sub judice rule due to the pending Chavez petition.
  • Whether the inquiry transcends “aid of legislation” and instead pursues criminal liability for plunder.
  • Whether compulsory appearance and testimony violate petitioners’ right against self-incrimination.
  • Whether petitioners face imminent danger of arrest, detention, or forced testimony absent injunctive relief.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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