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EN BANC

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated OCT 18 2005.

G.R. No. 169638 ( Norberto B. Gonzales vs. Joker P. Arroyo, in his capacity as Chairman of the Committee on Accountability of Public Officers and Investigations (Blue Ribbon) and Sergeant-at-Arms of the Senate of the Philippines. )

In a Resolution dated 11 October 2005, the Court required the Committee on Accountability of Public Officers and Investigations (Blue Ribbon Committee) to submit: (a) proofs of publication of the Rules of the Committee on Accountability of Public Officers and Investigations and of the Senate Rules Governing Inquiries in Aid of Legislation; and (b) certified excerpts of the Journal of the Senate where the approval of the Committee Rules appears.

Respondents submitted their Compliance on 17 October 2005. They submitted therein the proof of publication of the Rules of Procedure Governing Inquiries in Aid of Legislation (Rules of Procedure) in the Philippine Daily Inquirer and Philippine Star in August of 1992 or during the 9th Congress and in the Malaya in August of 1995 or during the 10th Congress. Respondents likewise attached excerpts of the Journal of the Senate in 1987, evincing approval by the Senate of the 8th Congress of the said Rules of Procedure. However, no proof has been submitted establishing that the Senate of the present 13th Congress has similarly adopted said Rules of Procedure, or that it has been duly published since the Senate of the present Congress was convened.

Further, respondents have not submitted any certified excerpts of the Journal of the Senate where the Senate approval of the Blue Ribbon Committee Rules appears, or any other proof of approval of said Rules by the Senate in plenary, or that said Rules has been duly published at any time. Instead, respondents invoke Section 9 of the Rules of Procedure, which authorizes a Senate Committee that desires to conduct a legislative inquiry to "adopt internal rules of procedure for such inquiry, subject to these [Rules of Procedure]".

Notably though, nothing in the Rules of Procedure authorizes any Senate Committee to initiate and conduct a legislative inquiry on its own without prior referral to it of the matter by the Senate in plenary. Considering the position adopted by the respondents in this case that the Blue Ribbon Committee Rules authorizes the Committee to conduct legislative inquiries motu propio or even absent any prior action or referral by the Senate in plenary, clarification of this matter is not only in order but also vital.

WHEREFORE , the Court RESOLVES to require the parties, including the Office of the Solicitor General, to SUBMIT within a non-extendible period of ten (10) days from receipt hereof, a SUPPLEMENTAL MEMORANDA on the following issues: (1) whether the Senate Rules of Procedure Governing Inquiries in Aid of Legislation, first adopted in 1987, is legally valid and in effect for purposes of the investigations of the Senate Committee on Accountability of Public Officers and Investigations in the present 13^th Congress; and (2) whether the Rules of Procedure adopted by the Senate Committee on Accountability of Public Officers and Investigations is legally valid and in effect for purposes of the investigations of the said Senate Committee in the present 13^th Congress.

Very truly yours,

(Sgd.) MA. LUISA D. VILLARAMA

Clerk of Court

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