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Committee Hearing |
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LAST PUBLIC HEARING December 16, 2008, Tuesday, 10 AM
Senator Pecson Room
2nd Floor
Senate of the Philippines |
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INTERNAL RULES OF PROCEDURE
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 I
JURISDICTION
SECTION 1 Jurisdiction - The Committee, in aid of legislation, shall have jurisdiction on all matters directly and principally relating to the organization and administration of justice, civil courts, penitentiaries and reformatory schools; probation; impeachment proceedings against constitutional officers and other officers legally removable by impeachment; registration of land titles; immigration and naturalization; the implementation of the provisions of the Constitution on human rights; and all matters pertaining to the efficiency and reforms in the prosecution service.( Sec. 13 (15), Rule X, Rules of the Senate.)
SECTION 2 Scope of “in aid of legislation” – Inquiries may refer to the implementation or reexamination of any law or in connection with any proposed legislation or the formulation of, or in connection with future legislation, or will aid in the review or formulation of a new legislative policy or enactment of any matter within its jurisdiction, and shall be conducted subject to the following conditions: ( Sections 1 and 2, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate.)
(a) The referral to the Committee of a privilege speech containing or conveying a request or demand for the conduct of inquiry, to the Committee, upon motion of any member of the Senate; or ( Section 5 (3), Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate.)
(b) The referral to the Committee of a petition filed or information given by a member of the Senate, requesting such inquiry after making a determination on the necessity and propriety of the conduct of an inquiry; Provided, that such petition or information is endorsed by the President and shall state the facts upon which it is based. (Section 5 (1), Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
(c ) Motu propio on any matter within its jurisdiction upon determination of the Chairman of its necessity and competence, after due notice thereof, in accordance with its Internal Rules, Rules of the Senate, the referral to the Committee of a petition filed or information given by any person not a Member of the Senate requesting such inquiry after making a determination on the necessity and propriety of the conduct of an inquiry, Provided, that such petition or information is endorsed by the President and is given under oath, stating the facts upon which it is based, and accompanied by supporting affidavits. (Section 6, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
SECTION 3 Jurisdictional Challenge – If the jurisdiction of the Committee is challenged on any ground, the said issue must first be resolved by the Committee before proceeding with the inquiry. (Section 3, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
If the Committee by a majority vote of its members present, there being a quorum, decides that its inquiry is pertinent or relevant to the implementation or re-examination of any law or appropriation or in connection with any pending or proposed legislation or will aid in the review or formulation of a new legislative policy or enactment, or extends to any and all matters vested by the Constitution in Congress or in the Senate alone, it shall overrule such objection and proceed with the investigation.
Only one challenge on the same ground shall be permitted.
The filing or pendency of any prosecution or criminal action shall not stop or abate any inquiry to carry out a legislative purpose.
RULE II
OFFICERS AND MEMBERS OF THE COMMITTEE
Section 4 Membership and Officers of the Committee – The Committee shall be composed of nine (9) members organized in accordance with the Rules of the Senate. It shall have a Chairman and such number of Vice Chairmen as the Chairman may determine. The Senate President Pro-Tempore, Majority Leader and Minority Leader shall be ex-officio members of the Committee. (Section 13 (15) and Section 20, Rule X, Rules of the Senate)
The Chairman shall be the Chief Executive of the Committee and the Presiding Officer of all its meetings and public hearings, with all powers and duties inherent in said offices.
The General Counsel shall be the legal adviser of the Committee, exercise the powers and perform the duties specified in these Internal Rules, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate and such other duties that the Chairman or the Committee may assign.
The Secretary shall prepare the agenda of meetings and the calendar of meetings and hearings, record the minutes, have custody of and certify all the records of the Committee, and perform such functions and duties inherent in his/her office.
The Sergeant-At-Arms shall be responsible for the security and maintenance of order during investigations and inquiries conducted by the Committee.
SECTION 5 Duties - (a) The Chairman shall be the Chief Executive Officer of the Committee and shall preside over all its meetings and hearings with all the powers and duties inherent in said office.
The Vice Chairman of the Committee shall have such powers and duties as the Chairman may specify and delegate.
RULE III
SUB-COMMITTEES
SECTION 6 Creation – The Chairman may create sub-committees as may be necessary to discharge its functions judiciously and expeditiously. (Section 18, Rule X, Rules of the Senate and Section 20, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
SECTION 7 Subcommittee Memberships – Each subcommittee shall have a Chairman and a Vice Chairman. The Subcommittee Chairman shall be appointed by the Committee Chairman. The Subcommittee Vice Chairman shall be appointed by the Subcommittee Chairman.
RULE IV
MEETINGS
SECTION 8 Regular Meetings – The Committee shall hold regular meetings at least once a month on such date, place and time, as may be determined by the Committee. (Section 22, Rule XI, Rules of the Senate)
SECTION 9 Special Meetings – Special meetings may be called by the Chairman of the committee or at the request of one-third of the members of the Committee. (Section 22 (2), Rule XI, Rules of the Senate)
SECTION 10 Notices – The Legislative Committee Secretary shall serve a notice of every meeting/hearing, including agenda, to each member at least three (3) days before the scheduled date. (Section 22 (2), Rule XI, Rules of the Senate)
Service of notice shall be effected by personal delivery to each member or his duly authorized representative.
In all proceedings over a particular bill, resolution, communication or any other matter, the principal author thereof shall be notified and/or requested to be present at the meeting/hearing.
SECTION 11 Quorum – Two (2) members of the Committee shall constitute a quorum to do business provided that the presence of ex officio members may be considered in determining the existence of a quorum. (Section 22 (3), Rule XI, Rules of the Senate)
The Chairman shall announce the presence of a quorum before the Committee shall proceed to the business of the day and such proceedings shall be recorded in the minutes of the meeting/hearing.
SECTION 12 Representatives of Members – A representative of any member of the Senate, whether he is a member of the Committee or not may attend a meeting/hearing, but shall not be allowed to participate and to vote on any matter before the Committee.
SECTION 13 Technical Working Group- A Technical Working Group composed of designated staff of the members of the Committee may be constituted by the Chairman, to assist the Committee in the performance of his duties.
RULE V
REPORTS
SECTION 14 Reports on Bills and Resolutions – The Committee shall render a report on each bill and resolution or any matter referred to it, as far as practicable after undergoing exhaustive study and deliberations. (Section 31, Rule XI, Rules of the Senate)
SECTION 15 Approval of Committee Reports - All Committee Reports shall, before submission to the Senate, be discussed, decided and approved at a meeting of the Committee called for the purpose and the same shall be signed by the majority of all members of the Committee and ex-officio members thereof. Any dissenting member may signify his dissent in writing.(Section 24 (1) and (4), Rule XI, Rules of the Senate)
SECTION 16.Subcommittee Reports – Reports of Subcommittee shall be submitted to the Committee as a whole for discussion, decision and approval, before their submission to the Senate. (Section 24 (2), Rule XI, Rules of the Senate)
RULE VI
INVESTIGATIONS
SECTION 17 Initiation of Investigations – The Committee shall initiate an inquiry on any matter referred to it by the Senate or the President, or on its own initiative on any matter referred to therein subject to Rules of Procedure Governing Inquiries in Aid of Legislation. The decision to conduct an inquiry on a matter referred to the Committee by the Senate or the President shall be vested on the Chairman. If he refuses to conduct an inquiry, five (5) members may petition in writing for the inquiry to proceed. The decision of the Committee whether or not to conduct an inquiry shall be reported to the Committee on Rules. (Section 8 (1), (2) and (3), Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
The rights of persons appearing in or affected by such inquiries shall be respected.
SECTION 18 Quorum at Hearings – Two (2) members of the Committee shall constitute a quorum for the purpose of conducting hearings and acting on motions and other incidents related thereto. (Section 4, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
SECTION 19 Executive Sessions – Whenever, in the opinion of the Chairman, the security of the State or the public interest so requires, the testimony of any witness called to appear before the Committee may be taken in executive session.
Attendance at executive sessions shall be limited to members of the Committee, its staff, other members of the Senate, and other persons whose presence is requested or allowed by the Chairman. (Section 11, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
SECTION 20 Subpoena Ad Testificandum and Duces Tecum – (a) The Committee may issue a subpoena requiring a witness to attend and to testify at its inquiries or for the taking of his deposition and, whenever required, to bring with him any books, documents or other things under his control. (Section 17, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
The subpoena, which shall state the title and the subject matter under inquiry, shall be directed to the witness whose attendance is required and in case of a subpoena duces tecum, shall contain a reasonable description of the books, documents or things demanded to be produced.
The subpoena shall be serve through the Sergeant-At-Arms of the Senate, who shall exhibit the original and deliver a copy thereof to the person named therein.
The subpoenas mentioned herein above shall be signed by the Chairman or in his absence the Vice Chairman or Acting Chairman as the case may be and approved by the President.
SECTION 21 Examination of Witnesses – (a) Whenever possible, witnesses shall be required to file, at least three (3) days before the scheduled hearing, written statements of their proposed testimonies which shall be subscribed and sworn to before the Committee General Counsel to whom the documents shall be submitted. (Sections (12), (14), (15), (16) and (19) Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
The Committee General Counsel shall call the witness one at a time to the witness stand for examination under oath on their affidavits and/or matter related thereto.
After the Committee General Counsel has terminated the presentation of the witnesses, any member of the Committee may propound questions to the witness and his/her testimonies of any matter related thereto.
A witness, by himself or through counsel, may present, for a ruling by the Presiding Officer, objection on constitutional grounds to questions propounded to the witness or to the production of documents or things required by a subpoena duces tecum.
No person can refuse to testify or be placed under oath or affirmation or answer questions before an incriminatory question is asked. His invocation of such right does not by itself excuses him from his duty to give testimony. In such case, the Committee by a majority vote of the members present, there being a quorum, shall determine whether the right has been properly invoked.
If the Committee decides otherwise, it shall resume its investigation and question or questions previously refused to be answered shall be repeated to the witness.
A witness and his counsel shall not have the right to examine or cross- examine any witness before the Committee or Subcommittee but may ask leave to submit to the Presiding Officer proposed questions which the latter may propound if, in his opinion, the same are necessary for clarificatory purposes.
SECTION 22 Contempt – (a) The Committee, by a vote of a majority of all its members, may punish for contempt any witness before it who disobeys any order of the Committee, including refusal to produce documents pursuant to a subpoena duces tecum, or refuses to be sworn or to testify or to answer a proper question by the Committee or any of its members, or testifying, testifies falsely or evasively. Contempt of the Committee shall be deemed contempt of the Senate. Such witness may be ordered by the Committee to be detained in such place as it may designate under the custody of the Sergeant-At-Arms until he agrees to produce the required documents, or to be sworn or to testify, or otherwise purge himself of that contempt. (Section 18, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
A report of the detention of any person for contempt shall be submitted by the Sergeant-At-Arms to the Committee and the Senate.
SECTION 23 Designation of a General Counsel – The Committee shall have its own General Counsel in accordance with the Rules of the Senate. (Section 21, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
The General Counsel shall be the Legal Adviser of the Committee, appointed by the Chairman and who shall, among others, present before the Committee a particular matter in an orderly and organized manner by the examination of resource persons or witnesses, 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 VII
DOCUMENTS
SECTION 24 Control of Confidential Documents – No document of a confidential nature shall be copied, withdrawn or taken from the office of the Secretary of the Committee or any Subcommittee without the permission of the Chairman. The Chairman shall determine the confidential nature of a document. (Section 13, Rules of Procedure Governing Inquiries In Aid of Legislation, Rules of the Senate)
RULE VIII
MISCELLANEOUS PROVISION
SSECTION 25 Amendments – Amendments to the forgoing Rules shall be made by a motion filed at least one (1) day before its consideration and approved by the majority of the members present.
SECTION 26 Applicability of Other Rules – Any matter not specifically provided for in the foregoing internal rules shall be governed by the Rules of the Senate, Rules of Procedure Governing Inquiries in Aid of Legislation and precedents on the Parliamentary Rules, Practice and Procedures in so far as applicable.
SECTION 27 Effectivity- The Rules shall take effect on the date of their adoption and shall remain in force until amended or repealed.
ADOPTED,
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The Committee 
