90. DE LA PAZ v.

SENATE

G.R. No. 184849 February 13, 2009

SPOUSES PNP DIRECTOR ELISEO D. DELA PAZ (Ret.) and MARIA FE C. DELA
PAZ, Petitioners,
vs.
SENATE COMMITTEE ON FOREIGN RELATIONS and the SENATE SERGEANT-AT-ARMS
JOSE BALAJADIA, JR., Respondents.

579 SCRA 521; 2009 Euro Generals

Ponente: Nachura, J.

FACTS:

Philippine delegation of 8 PNP officers arrived at Moscow, Russia for the 77th General
Assembly Session of the International Criminal Police Organization (ICPO)-INTERPOL. Gen
Dela Paz of PNP was with the delegation. At Moscow Airport he was apprehended for failure
to declare in written form the105,000 euros (P 6 930 000) in his luggage + 45 000 euros (P 2
970 000) in his possession. He was detained and eventually allowed to return while the Russian
officials confiscated the undeclared Euros. When he arrived at Manila, a few days after his wife
Mrs. De la paz, they were awaited by a subpoena filed by the Senate Committee on Foreign
Relations for the investigation it was to conduct on the Moscow issue. Petitioners did not attend
the first meeting but instead filed a motion to quash.

ISSUES

1. W/N the Senate Committee on Foreign Relations had jurisdiction on the matter (YES)
2. W/N the Respondent Committee violated the senate rules by issuing a warrant of arrest w/o
the signature of the Majority Members (NO)
3. W/N the Senate Rules and Procedures were invalid as they were not published as required
by the constitution (NO)

RULING:

1. YES. Art 6 Sec. 16 of the Constitution states "Each House shall determine the rules of
its proceedings. This provision has been traditionally construed as a grant of full
discretionary authority to the Houses of Congress in the formulation, adoption and
promulgation of its own rules. The challenge to the jurisdiction of the Senate Foreign
Relations Committee, raised by petitioner in the case at bench, in effect, asks this Court
 to inquire into a matter that is within the full discretion of the Senate which is a political
question which must be left to be decided by the people in their sovereign capacity.

Furthermore, the Senate Committee acted on its own sphere of authority as its rules
states, Para. 12 Sec 13 Rule 10: “Fifteen (15) members. All matters relating to the
relations of the Philippines with other nations generally; diplomatic and consular
services; the Association of Southeast Asian Nations; the United Nations Organization
and its agencies; multilateral organizations, all international agreements, obligations
and contracts; and overseas Filipinos.”

The Moscow Incident should also be within the jurisdiction of the committee as the
Moscow incident could cause a ripple effect in the relations of the Philippines with
Russia. This matter also affects the Philippines international obligations to the UN
namely the UN Convention against corruption and the UN Convention against
Transnational Crime.

Meaning the legislative investigation on the Moscow incident is within the jurisdiction
of the Senate Committee.
2. NO. Prior to the oral order of Miriam Defensor Santiago, a formal written arrest order was
signed by 10 senators.
3. NO.The Philippine Senate has already published its Rules of Procedure Governing Inquiries
in Aid of Legislation in two newspapers of general circulation