Euro Generals vs. the Senate

Gen. Dela Paz was apprehended at the Moscow airport departure area for his failure to declare in written form the 150, 000 euros found in his possession. As a result, the Senate Committee on Foreign Relations conducted an inquiry and issued warrants of arrest in connection with the “Euro-General’s” detention in Moscow. However, Dela Paz contended that the said Senate Committee chaired by Sen. Miriam Defensor-Santiago, was devoid of any jurisdiction to investigate the Moscow incident as it does not involve state to state relations as provided in par. 12, sec. 13, Rule 10 of the Senate Rules of Procedure. He added that the arrest warrants issued by the Senate against him were invalid as these lacked the required signatures of the majority of the members of respondent committee. Are the contentions of the Dela Paz tenable?

SUGGESTED ANSWER:


No. In a nine-page unanimous resolution penned by Justice Antonio Eduardo B. Nachura, the Court enumerated six reasons why the petition of the spouses Dela Paz “must inevitably fail.”

The Court cited sec. 16(3), Art. VI of the Constitution, which states that each House shall determine the rules of its proceedings. “The challenge to the jurisdiction of the Senate Foreign Relations Committee…in effect, asks this Court to inquire into a matter that is within the full discretion of the Senate….[I]t is not for this Court to intervene in what is clearly a question of policy, an issue depended upon the wisdom, not the legality, of the Senate’s action,” the Court said.

Second, the Court said that even if it is within the Court’s power to inquire into the validity of the exercise of assailed jurisdiction, it is convinced that respondent Committee has acted within the proper sphere of its authority. Citing the same provision raised by dela Paz, the Court said that the Senate provision “unmistakably shows that the investigation of the Moscow incident is well within its committee’s jurisdiction.” visit fellester.blogspot.com The Court cautioned that the Moscow incident could create ripples in the relations between the Philippines and Russia, noting that country is a state-party to the United Nations Convention Against Corruption and the United Nations Convetion Against Transnational Organized Crime. The two conventions contain provisions dealing with the movement of considerable foreign currency across borders. The Moscow incident would reflect on our country’s compliance with the obligations required of state-parties under these conventions, noted the Court.

Third, the Senate has decided that the legislative inquiry will be jointly conducted by the respondent Committee and the Senate Committee on Accountability of Public Officers and Investigations (Blue Ribbon Committee). Pursuant to par. 36, sec. 13, Rule 10 of the Senate Rules, the Blue Ribbon Committee may conduct investigations on all matters relating to malfeasance, misfeasance, and nonfeasance in office by officers and employees of the government.

Fourth, the Philippine Senate has issued a formal written order of arrest signed by 10 senators, with the Senate President himself approving it, in accordance with the Senate Rules.

Fifth, the Philippine Senate has already published its Rules of Procedure Governing Inquiries in Aid of Legislation in two newspapers of general Circulation.

Lastly, the arrest order issued against the Dela Paz coupled has been rendered ineffectual when Gen. Dela Paz voluntarily submitted himself during the Senate inquiry held on November 15, 2008. The Senate Committee on Foreign Relations initially scheduled the hearing on the Moscow incident on October 23, 2008. (GR No. 184849, Spouses Dela Paz v. Senate Committee on Foreign Relations, February 13, 2009)