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    Garcillano Vs Hor

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    1) The Supreme Court ruled that publication of Senate rules of procedure governing inquiries in newspapers of general circulation is required by the Constitution to satisfy due process, rather than just on the Senate website or pamphlets. 2) The Electronic Commerce Act, which recognizes electronic documents as equivalent to written documents for evidentiary purposes, does not allow for publishing laws/rules on the internet alone. 3) As the Senate rules were not properly published, the legislative inquiries in these cases had to be deferred until the rules are published in newspapers, as required by the Constitution.

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    Garcillano Vs Hor

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    1) The Supreme Court ruled that publication of Senate rules of procedure governing inquiries in newspapers of general circulation is required by the Constitution to satisfy due process, rather than just on the Senate website or pamphlets. 2) The Electronic Commerce Act, which recognizes electronic documents as equivalent to written documents for evidentiary purposes, does not allow for publishing laws/rules on the internet alone. 3) As the Senate rules were not properly published, the legislative inquiries in these cases had to be deferred until the rules are published in newspapers, as required by the Constitution.

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    Garcillano vs Hor

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    1) The Supreme Court ruled that publication of Senate rules of procedure governing inquiries in newspapers of general circulation is required by the Constitution to satisfy due process, rather than just on the Senate website or pamphlets. 2) The Electronic Commerce Act, which recognizes electronic documents as equivalent to written documents for evidentiary purposes, does not allow for publishing laws/rules on the internet alone. 3) As the Senate rules were not properly published, the legislative inquiries in these cases had to be deferred until the rules are published in newspapers, as required by the Constitution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views2 pages

    Garcillano Vs Hor

    Uploaded by

    Di ko alam
    1) The Supreme Court ruled that publication of Senate rules of procedure governing inquiries in newspapers of general circulation is required by the Constitution to satisfy due process, rather than just on the Senate website or pamphlets. 2) The Electronic Commerce Act, which recognizes electronic documents as equivalent to written documents for evidentiary purposes, does not allow for publishing laws/rules on the internet alone. 3) As the Senate rules were not properly published, the legislative inquiries in these cases had to be deferred until the rules are published in newspapers, as required by the Constitution.

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    © All Rights Reserved
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    of 2

    GARCILLANO vs. THE HOUSE OF REPRESENTATIVES, et.al G.R. No.

    170338 December 23, 2008


    Facts:
    Tapes ostensibly containing a wiretapped conversation purportedly between the President of
    the Philippines and a high-ranking official of the Commission on Elections (COMELEC) surfaced.
    The tapes, notoriously referred to as the "Hello Garci" tapes, allegedly contained the
    President’s instructions to COMELEC Commissioner Virgilio Garcillano to manipulate in her
    favor results of the 2004 presidential elections. These recordings were to become the subject of
    heated legislative hearings conducted separately by committees of both Houses of Congress.
    Intervenor Sagge alleges violation of his right to due process considering that he is summoned
    to attend the Senate hearings without being apprised not only of his rights therein through the
    publication of the Senate Rules of Procedure Governing Inquiries in Aid of Legislation, but also
    of the intended legislation which underpins the investigation. He further intervenes as a
    taxpayer bewailing the useless and wasteful expenditure of public funds involved in the
    conduct of the questioned hearings.
    The respondents in G.R. No. 179275 admit in their pleadings and even on oral argument that
    the Senate Rules of Procedure Governing Inquiries in Aid of Legislation had been published in
    newspapers of general circulation only in 1995 and in 2006. With respect to the present Senate
    of the 14th Congress, however, of which the term of half of its members commenced on June
    30, 2007, no effort was undertaken for the publication of these rules when they first opened
    their session.
    Respondents justify their non-observance of the constitutionally mandated publication by
    arguing that the rules have never been amended since 1995 and, despite that, they are
    published in booklet form available to anyone for free, and accessible to the public at the
    Senate’s internet web page.
    Issue:
    Whether or not publication of the Rules of Procedures Governing Inquiries in Aid of Legislation
    through the Senate’s website, satisfies the due process requirement of law.
    Held:
    The publication of the Rules of Procedure in the website of the Senate, or in pamphlet form
    available at the Senate, is not sufficient under the Tañada v. Tuvera ruling which requires
    publication either in the Official Gazette or in a newspaper of general circulation. The Rules of
    Procedure even provide that the rules "shall take effect seven (7) days after publication in two
    (2) newspapers of general circulation," precluding any other form of publication. Publication in
    accordance with Tañada is mandatory to comply with the due process requirement because
    the Rules of Procedure put a person’s liberty at risk. A person who violates the Rules of
    Procedure could be arrested and detained by the Senate.
    The invocation by the respondents of the provisions of R.A. No. 8792, otherwise known as the
    Electronic Commerce Act of 2000, to support their claim of valid publication through the
    internet is all the more incorrect. R.A. 8792 considers an electronic data message or an
    electronic document as the functional equivalent of a written document only for evidentiary
    purposes. In other words, the law merely recognizes the admissibility in evidence (for their
    being the original) of electronic data messages and/or electronic documents. It does not make
    the internet a medium for publishing laws, rules and regulations.
    Given this discussion, the respondent Senate Committees, therefore, could not, in violation of
    the Constitution, use its unpublished rules in the legislative inquiry subject of these
    consolidated cases. The conduct of inquiries in aid of legislation by the Senate has to be
    deferred until it shall have caused the publication of the rules, because it can do so only "in
    accordance with its duly published rules of procedure."

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