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Facts: Petitioners are members of the House of Representatives.

They brought this suit against respondents charging violation of the rules of the House which petitioners claim are "constitutionally mandated" so that their violation is tantamount to a violation of the Constitution. In the course of his interpellation, Rep. Arroyo announced that he was going to raise a question on the quorum, although until the end of his interpellation he never did. On the same day, the bill was signed by the Speaker of the House of Representatives and the President of the Senate and certified by the respective secretaries of both Houses of Congress as having been finally passed by the House of Representatives and by the Senate on November 21, 1996. The enrolled bill was signed into law by President Fidel V. Ramos on November 22, 1996.

Issue: Whether R.A. No. 8240 is null and void because it was passed in violation of the rules of the House; Whether the certification of Speaker De Venecia that the law was properly passed is false and spurious; Whether the Chair, in the process of submitting and certifying the law violated House Rules; and Whether a certiorari/prohibition will be granted.

Held: After considering the arguments of the parties, the Court finds no ground for holding that Congress committed a grave abuse of discretion in enacting R.A. No. 8240. This case is therefore dismissed.

Ratio: To disregard the "enrolled bill" rule in such cases would be to disregard the respect due the other two departments of our government. It would be an unwarranted invasion of the prerogative of a coequal department for this Court either to set aside a legislative action as void because the Court thinks the House has disregarded its own rules of procedure, or to allow those defeated in the political arena to seek a rematch in the judicial forum when petitioners can find their remedy in that department itself. The Court has not been invested with a roving commission to inquire into complaints, real or imagined, of legislative skullduggery. It would be acting in excess of its power and would itself be guilty of grave abuse of its discretion were it to do so. The suggestion made in a case may instead appropriately be made here: petitioners can seek the enactment of a new law or the repeal or amendment of R.A. No. 8240. In the absence of anything to the contrary, the Court must assume that Congress or any House thereof acted in the good faith belief that its conduct was permitted by its rules, and deference rather than disrespect is due the judgment of that body.

In view of what is essential Merely internal rules of procedure of the House rather than constitutional requirements for the enactment of a law, i.e., Art. VI, 26-27 are VIOLATED. First, in Osmea v. Pendatun, it was held: "At any rate, courts have declared that 'the rules adopted by deliberative bodies are subject to revocation, modification or waiver at the pleasure of the body adopting them.' And it has been said that 'Parliamentary rules are merely procedural, and with their observance, the courts have no concern. They may be waived or disregarded by the legislative body.' Consequently, 'mere failure to conform to parliamentary usage will not invalidate the action (taken by a deliberative body) when the requisite number of members have agreed to a particular measure.'" Rules are hardly permanent in character. The prevailing view is that they are subject to revocation, modification or waiver at the pleasure of the body adopting them as they are primarily procedural. Courts ordinarily have no concern with their observance. They may be waived or disregarded by the legislative body. Consequently, mere failure to conform to them does not have the effect of nullifying the act taken if the requisite number of members have agreed to a particular measure.

In view of the Courts jurisdiction This Court's function is merely to check whether or not the governmental branch or agency has gone beyond the constitutional limits of its jurisdiction, not that it erred or has a different view. In the absence of a showing . . . of grave abuse of discretion amounting to lack of jurisdiction, there is no occasion for the Court to exercise its corrective power. . . . It has no power to look into what it thinks is apparent error. If, then, the established rule is that courts cannot declare an act of the legislature void on account merely of noncompliance with rules of procedure made by itself, it follows that such a case does not present a situation in which a branch of the government has "gone beyond the constitutional limits of its jurisdiction".

In view of House Rules No rule of the House of Representatives has been cited which specifically requires that in cases such as this involving approval of a conference committee report, the Chair must restate the motion and conduct a viva voce or nominal voting. Mr. TOLENTINO. The fact that nobody objects means a unanimous action of the House. Insofar as the matter of procedure is concerned, this has been a precedent since I came here seven years ago, and it has been the procedure in this House that if somebody objects, then a debate follows and after the debate, then the voting comes in. Nor does the Constitution require that the yeas and the nays of the Members be taken every time a House has to vote, except only in the following instances: upon the last and third readings of a bill, at the request of one-fifth of the Members present, and in repassing a bill over the veto of the President.

In view of grave abuse Indeed, the phrase "grave abuse of discretion amounting to lack or excess of jurisdiction" has a settled meaning in the jurisprudence of procedure. It means such capricious and whimsical exercise of judgment by a tribunal exercising judicial or quasi judicial power as to amount to lack of power.

In view of the enrolled bill doctrine Under the enrolled bill doctrine, the signing of H. No. 7198 by the Speaker of the House and the President of the Senate and the certification by the secretaries of both Houses of Congress that it was passed on November 21, 1996 are conclusive of its due enactment. This Court quoted from Wigmore on Evidence the following excerpt which embodies good, if old-fashioned democratic theory: Instead of trusting a faithful Judiciary to check an inefficient Legislature, they should turn to improve the Legislature. The sensible solution is not to patch and mend casual errors by asking the Judiciary to violate legal principle and to do impossibilities with the Constitution; but to represent ourselves with competent, careful, and honest legislators, the work of whose hands on the statute-roll may come to reflect credit upon the name of popular government.

(In view of justiciability according to PUNO, J.) With due respect, I do not agree that the issues posed by the petitioner are non-justiciable. Nor do I agree that we will trivialize the principle of separation of power if we assume jurisdiction over the case at bar. Even in the United States, the principle of separation of power is no longer an impregnable impediment against the interposition of judicial power on cases involving breach of rules of procedure by legislators.

The Constitution empowers each house to determine its rules of proceedings. It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of proceedings established by the rule and the result which is sought to be attained. But within these limitations all matters of method are open to the determination of the House, and it is no impeachment of the rule to say that some other way would be better, more accurate, or even more just.

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