Professional Documents
Culture Documents
Senate
A.
Pasay City
RULES OF THE
SENATE COMMITTEE ON ETHICS AND PRIVILEGES
Pursuant to Section 21 of Article VI of the Constitution of the
Philippines and Rules X and XI of the Rules of the Senate as amended,
the following Rules are hereby adopted and promulgated.
RULE 1
GENERAL PROVISIONS
Section 1. Title of the Rules. These Rules shall be known as the Rules
of the Senate Committee on Ethics and Privileges.
Sec. 2. Jurisdiction. Pursuant to Rule 10 Section 13 (2) of the Senate
Rules, all matters relating to the conduct, rights, privileges, safety, dignity,
integrity and reputation of the Senate and its Members shall be under the
exclusive jurisdiction of the Senate Committee on Ethics and Privileges.
Sec. 3. Construction. In case of doubt in the interpretation of any
provision of these Rules, it shall be construed in favor of the substantive
rights of the persons appearing before the Senate Committee on Ethics
and Privileges, hereinafter referred to as the Committee.
Sec. 4. Composition. It shall have seven (7) members who, including
the Chairperson, shall be chosen by the Senate. The President Pro
Tempore and both the Majority and Minority Leaders of the Senate are
Ex-Officio Members of the Committee.
B.
Sec. 8. Recorded Votes. Any member, upon proper motion, may require
that the votes made by the members of the Committee be recorded.
Sec. 9. Proxy Voting. No proxy voting shall be allowed in all proceedings
of the Committee.
Sec. 10. Filing and Service of Pleadings, Motions, Orders, Judgment and
Other Papers. Filing is the act of presenting the pleading or other papers
to the Committee Secretary.
Service is the act of providing a party with a copy of a pleading or
paper concerned. If any party has appeared by counsel, service upon
him shall be made upon his counsel or one of them, unless service upon
the party himself is ordered by the Committee or the Presiding Officer.
Where one counsel appears for several parties, he shall only be entitled
to one copy of any paper served upon him by the opposite side.
RULE 2
INITIATION OF COMPLAINT THROUGH
SWORN STATEMENT AND/OR VERIFIED COMPLAINTS
Sec. 15. Sworn Complaints. Any person or persons, may file a sworn
statement or verified complaint with the Committee, alleging that any
Senator has violated a law or any rule of the Senate relating to the
discharge of his duties as a member of the Senate, or has engaged in
improper conduct which may reflect upon the Senate, at any time after
he or she has taken his or her oath.
Sec.16. Form and Contents of Complaints. A complaint filed under
Section 16 of this Rule shall be in writing, under oath or verified and shall
set forth in plain, concise and direct statements the following:
A.
B. The name and position or title of the member of the Senate who
is specifically alleged to have violated a law or any rule or regulation of
the Senate or have engaged in an improper conduct;
In the first case, the Committee Secretary shall endorse on the pleading
or any other paper thereof the date and hour of filing.
E. The complainant shall swear under oath that all of the information
alleged in the complaint is true of his own personal knowledge.
The term personal knowledge is not intended to and does not limit
the complainants statements to a situation or incident that he or she
RULE 3
PROCEDURE GOVERNING THE RECEIPT OF
ALLEGATIONS OTHER THAN A SWORN OR
VERIFIED COMPLAINT
Sec.18. Unsworn or Unverified Allegations, Complaint or Information.
Any Member of the Senate and any other person may report to the
Committee on Ethics and Privileges any credible information available to
him or her that any named or anonymous Member of the Senate may
have committed any of the following acts:
A.
Violated a law;
B. Violated any rule of the Senate relating to his or her conduct and/
or demeanor or during the performance of official duties as Members of
the Senate.
C. Engaged in improper conduct which may reflect upon the Senate,
such allegations or information may be reported to the Chairperson, Vice
Chairperson, Member of the Committee or any member of the Committee
Staff.
Within ten (10) days from the date of the referral to the
Committee for investigation, a preliminary inquiry shall be
called by the Chairperson on such time and date that may
be subsequently determined.
B.
C.
B.
F.
any, and to the respondent, together with the basis for the said
determination.
RULE 5
GENERAL PROCEDURES FOR THE
CONDUCT OF HEARINGS
Sec. 28. Right to a Hearing. The Committee shall accord to the
respondent an opportunity to be heard before it recommends disciplinary
action. The Committee may hold a public or executive hearing on any
inquiry or other proceedings for the purpose.
Sec. 29. Non-Public Hearings. The Committee may, at anytime, during
a hearing determine whether to receive the testimony of specific witness/
es in executive session. If the witness desires to express a preference
for testifying in public or in an executive session, he or she shall now
notify the Committee at least five (5) days before he or she is scheduled
to testify.
Sec.30. Adjudicatory Hearings. The Committee may, by a majority vote,
designate any public or executive hearing as an adjudicatory hearing;
and any hearing which is concerned with the possible disciplinary action
against a respondent or respondents designated by the Committee shall
be an adjudicatory hearing. In any adjudicatory hearing, the procedures
described in Rule 6 shall apply.
Sec. 31. Subpoena Power. The Committee may compel the attendance
and testimony of such witnesses and the production of such
correspondence, books, papers, documents or other articles as it may
deem necessary.
Sec. 32. Notice of Hearing. The Committee shall make public an
announcement of the date, place and subject matter of any hearing to be
conducted by it in accordance with Rule 1 Section 5 hereof. Notices of
Hearing shall be furnished to the members of the Committee, complainant,
if there is any, respondent and other persons, personally, by mail and/or
by posting a copy thereof at the designated bulletin board, within the
Senate premises.
Sec. 33. Presiding Officer. The Chairperson shall preside over the
hearings or, in his absence, the Vice Chairperson. If the Vice Chairperson
is also absent, a Committee member designated by the Chairperson shall
preside. If an oath or affirmation is required, it shall be administered to a
witness by the Presiding Officer or, in his absence, by any Committee
member or the General Counsel of the Committee.
Sec. 34. Witnesses. The Committee, the complainant, if there is any
and the respondent may call witnesses to testify for and in their behalf.
A. A subpoena ad testificandum shall be served on a witness
sufficiently in advance of his or her scheduled appearance to allow
the witness, within the period to be prescribed by the Committee,
to prepare for the hearing and, if necessary, to engage the services
of a counsel.
B. The Committee may, by majority vote, rule that no member of
the committee, committee staff Members or the general counsel
shall make public the name of any witness summoned by the
Committee before the date of the witness scheduled appearance
except if specifically authorized by the Chairperson and Vice
Chairperson acting jointly.
C. Any witness desiring to read a prepared or written statement
in an executive or public hearing shall file a copy of such
statements with the Committee at least three (3) working days
prior to the date of the hearing at which the statement is to be
presented. The Chairperson and Vice Chairperson shall determine
whether such prepared or written statement may be read or placed
into the Records during the date of the hearing.
Sec. 35. Right to Testify. Any person whose name is mentioned or who
is specifically identified or otherwise referred to in testimony or in
statements made by member/s of the Committee, staff members, general
counsel or any witness and who reasonably believes that the statement
tends to adversely affect his or her reputation may:
A. Request to appear personally before the Committee to testify
in his or her own behalf; or
Committee may assign any lawyer from the Senate Legal Department to
serve as the witness counsel de oficio.
Sec. 43. Examination of the Complainant, Respondent and Their
Witnesses. Both parties may be examined by their respective counsels
to support their complaint/defenses. They may also be cross-examined
by the lawyer of the adverse party. Witnesses may be examined by the
party offering his/her testimony and may be cross-examined by the
adverse party.
A. Any party may apply to the Committee for the issuance of
subpoena DUCES TECUM and/or AD TESTIFICANDUM for
the production of documents and/or appearance of witnesses
on his or her behalf. An application shall be approved upon a
concise showing by the applicant that the prepared testimony
or document sought to be SUBPOENAED is relevant and
appropriate as determined by the Chairperson and Vice
Chairperson.
RULE 8
VIOLATIONS OF LAW, PERJURY; LEGISLATIVE
RECOMMENDATIONS; APPLICABLE RULES AND
STANDARDS OF CONDUCT
Sec. 53.Violation of Law. Whenever the Committee determines by
majority vote that there is reason to believe that a violation of law may
have been committed, it shall report such possible violation to the
Ombudsman or the Department of Justice, whichever is the appropriate
prosecutorial authority.
Sec. 54. Perjury. Any person who knowingly and willfully swears falsely
to a sworn or verified complaint or any other sworn statement to the
Committee does so under penalty of perjury. The Committee may refer
any such case to the same authorities for prosecution.
Sec.55. Legislative Recommendation. The Committee shall recommend
to the Senators, by report or resolution, such additional rules, regulations,
or other legislative measures as it determines to be necessary or desirable
to ensure proper standard of conduct by Members, Officers, or employees
of the Senate. The Committee may conduct such inquiries as it deems
necessary to prepare such report or resolution, including the holding of
hearings in public or in an executive session and the use of subpoenas
to compel the attendance of witnesses or the production of materials.
The Committee may take legislative recommendations as a result of its
findings to an initial review, investigation or other proceeding.
Sec.56. Applicable Rules and Standards of Conduct. No initial review
or investigation shall be made of an alleged violation of law, rule, regulation
or provision which was not in effect at the time the alleged violation
occurred. No provision or norms shall apply to or require disclosure of
any act or relationship or transaction which occurred prior to the effective
date of the said provisions or norm or before the Member has taken his
or her oath.
RULE 9
PROCEDURES FOR HANDLING COMMITTEE
SENSITIVE AND CLASSIFIED MATERIALS
Sec. 57. Procedures for Handling Committee Sensitive Materials.
Committee sensitive information or material is information or material
in the possession of the Committee on Ethics and Privileges which
pertains to illegal or improper conduct by a present or former member of
the Senate; to allegations or accusation of such conduct; to any resulting
preliminary inquiry, initial review, or investigation by the said Committee
into such allegations or conduct; to the investigative techniques and
procedures of the said committee; or to other information or material
designated by the staff director, or general counsel appointed by the
Chairperson.
Sec. 58. The Chairperson and Vice Chairperson of the Committee shall
establish such procedures as may be necessary to prevent the
unauthorized disclosure of classified information in the possession of
the Committee or its staff. Procedures for handling such information
shall be given to each member cleared for access to classified
information.
Sec. 59. Each member of the Committee shall have access to classified
material in the Committees possession. Only Committee staff members
with appropriate security clearances, as approved by the Chairperson
and Vice Chairperson, acting jointly, shall have access to classified
information in the Committees possession.
RULE 10
PROCEDURES FOR HANDLING COMMITTEE
SENSITIVE AND CLASSIFIED DOCUMENT
Sec. 60. Committee sensitive and classified documents and materials
shall be segregated in secured filing safes. Removal from the Committee
offices of such documents or materials is prohibited except as necessary
for use in, or preparation for, interviews or Committee meetings, including
the taking of testimony, or as otherwise specifically approved by the staff
director or by the general counsel designated by the Chairperson.
Sec. 61. Each member of the Committee shall have access to all materials
in the Committees possession. The legislative staff of members shall not
have access to Committee sensitive or classified documents and materials
without the specific approval in each instance of the Chairperson.
Members may examine such materials inside the Committees offices
only. If necessary, requested materials may be taken by a member of the
Committee staff to the office of a member of the Committee for his or her
examination, but the Committee staff members shall remain with the
Committee sensitive or classified documents or materials at all times
except as specifically authorized by the Chairperson or Vice Chairperson.
Sec. 62. Any member of the Senate who is not a member of the Committee
and who seeks to access any Committee sensitive or classified documents
or materials, other than documents or materials which are matters of
public record, shall request access in writing. The Committee shall decide
by majority vote whether to make such documents or materials available.
If access is granted, the members shall not disclose the information except
as authorized by the Committee.
Sec. 63. Whenever the Committee makes Committee sensitive or
classified documents or materials available to any member of the Senate
who is not a member of the Committee, or to a staff person of a committee,
a written record shall be made identifying the members of the Senate
requesting such documents or materials and describing what was made
available and to whom.
RULE 11
BROADCASTING AND NEWS COVERAGE OF
COMMITTEE PROCEEEDINGS
Sec. 64. To fully document the proceedings of the Committee, audiovideo coverage of the proceedings shall be allowed except in cases where
the Chairperson and/or the Committee had declared otherwise.
Sec. 65. A witness in any of the proceedings of the Committee may request
not to be photographed or to give evidence or testimony while the
broadcasting, reproduction, or coverage of that hearing, by radio,
television, still photography or other methods are taking place.
RULE 12
PROCEDURE FOR ADVISORY OPINIONS
Sec. 66. When Advisory Opinions are Rendered. The Committee shall
render an advisory opinion, in writing within a reasonable time, in response
to a written request by a Member or officer of the Senate, concerning the
application of any law, or any rule or regulation of the Senate, to a specific
factual situation pertinent to the conduct or proposed conduct of the person
seeking the advisory opinion.
Sec. 67. The Committee may issue an advisory opinion, in writing within
a reasonable time, in response to a written request by any employee of
the Senate concerning the application of any law or any rule or regulation
of the Senate within the Committees jurisdiction, to a specific factual
situation pertinent to the conduct or proposed conduct of the person
seeking the advisory opinion.
Sec. 72. Request for Ruling. A request for ruling must be directed to
the Chairperson of the Committee.
RULE 13
PROCEDURE FOR INTERPRETATIVE RULINGS
RULE 14
COMMITTEE STAFF
Sec. 76. Committee Policy. No member of the staff or general counsel
may accept public speaking engagements or write for publication on any
subject that is in any way related to his or her employment or duties with
the Committee without specific written advance permission from the
Chairperson.
Sec. 77. No member of the staff may make public without Committee
approval any Committee sensitive or classified information, documents
or other material obtained during the course of his or her employment
with the Committee.
Sec. 78. Appointment of Staff. The appointment of all staff shall be
approved by the Chairperson.
Sec. 79. General Counsel. The Committee may have its own General
Counsel to be appointed by the Chairperson.
The General Counsel shall be the Legal Adviser of the Committee,
to be appointed by the Chairperson and who shall, among others, present
before the Committee a particular matter in an orderly and organized
manner the examination of witnesses and resource persons, preparation
of documents and position papers for the Committee, and who shall
undertake investigative and preliminary work for the Committee on all
matters within its jurisdiction.
RULE 15
AMENDMENTS TO THE RULES
Sec. 80. The Rules of the Committee may be modified, amended or
suspended at any time, pursuant to a majority vote of the members present
there being a quorum.
GREGORIO B. HONASAN II
Member
EMMANUEL D. PACQUIAO
Member
PANFILO M. LACSON
Member
GRACE POE
Member
RISA HONTIVEROS
Member
EX-OFFICIO MEMBERS:
FRANKLIN M. DRILON
Senate President Pro-tempore
RALPH G. RECTO
Minority Floor Leader