Aquilino Q. Pimentel, et. al., vs. Senate Committee
W/N Senator Madrigal, who filed the complaint against
of the Whole represented by Senate Presindent
Juan Ponce Enrile G.R. No. 187714, March 8, 2011
FACTS:  RELEVANT ISSUE
On 8 October 2008, Senator Madrigal introduced P.S.
Resolution 706, which directed the Senate Ethics
Committee to investigate the alleged double insertion of
P200 million by Senator Manny Villar into the C5
Extension Project. After the election of Senator Juan
Ponce Enrile as Senate President, the Ethics Committee
was reorganized, but the Minority failed to name its
representatives to the Committee, prompting a delay in the
investigation. Thereafter, the Senate adopted the Rules of
the Ethics Committee.
In another privilege speech, Senator Villar stated he will
answer the accusations before the Senate, and not with the
Ethics Committee. Senator Lacson, then chairperson of
the Ethics Committee, then moved that the responsibility
of the Ethics Committee be transferred to the Senate as a
Committee of the Whole, which was approved by the
majority. In the hearings of such Committee, petitioners
objected to the application of the Rules of the Ethics
Committee to the Senate Committee of the Whole. They
also questioned the quorum, and proposed amendments to
the Rules. Senator Pimentel raised the issue on the need to
publish the rules of the Senate Committee of the Whole.
ISSUES: 
1.
Senator Villar, an indispensable party in this petition?
2. W/N the petition premature for failure to observe
the doctrine of primary jurisdiction or prior resort? –
3. W/N the transfer of the complaint against Senator Villar
from the Ethics Committee to the Senate Committee of
the Whole violative of Senator Villar's right to equal
protection?
4. W/N the adoption of the Rules of the Ethics Committee
as Rules of the Senate Committee of the Whole violative
of Senator Villar's right to due process and of the majority
quorum requirement under Art. VI, Section 16(2) of the
Constitution?
5. W/N publication of the Rules of the Senate Committee
of the Whole required for their effectivity?
HELD:
1. An indispensable party is a party who has an interest in
the controversy or subject matter that a final adjudication
cannot be made, in his absence, without injuring or
affecting that interest. In this case, Senator Madrigal is not
an indispensable party to the petition before the Court.
While it may be true that she has an interest in the
outcome of this case as the author of P.S. Resolution 706,
the issues in this case are matters of jurisdiction and
procedure on the part of the Senate Committee of the
Whole which can be resolved without affecting Senator
Madrigal's interest.
2. The doctrine of primary jurisdiction does not apply published, unless such rules expressly provide for their
to this case. The issues presented here do not require publication before the rules can take effect. Hence, in this
the expertise, specialized skills and knowledge of particular case, the Rules of the Senate Committee of the
respondent for their resolution. On the contrary, the Whole itself provide that the Rules must be published
issues here are purely legal questions which are within before the Rules can take effect. Thus, even if publication
the competence and jurisdiction of the Court. is not required under the Constitution, publication of the
Rules of the Senate Committee of the Whole is required
3. While ordinarily an investigation about one of its because the Rules expressly mandate their
members alleged irregular or unethical conduct is within publication. PARTIALLY GRANTED.
the jurisdiction of the Ethics Committee, the Minority
effectively prevented it from pursuing the investigation
when they refused to nominate their members to the
Ethics Committee. The referral of the investigation to the
Committee of the Whole was an extraordinary remedy
undertaken by the Ethics Committee and approved by a
majority of the members of the Senate, and not
violative of the right to equal protection.

4. The adoption by the Senate Committee of the Whole of

the Rules of the Ethics Committee does not
violate Senator Villar's right to due process. The
Constitutional right of the Senate to promulgate its own
rules of proceedings has been recognized and affirmed by
this Court in Section 16(3), Article VI of the Philippine
Constitution, which states: "Each House shall determine
the rules of its proceedings."

5. The Constitution does not require publication of the

internal rules of the House or Senate. Since rules of the
House or the Senate that affect only their members are
internal to the House or Senate, such rules need not be