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Dela Paz V Senate Digest

The Senate Foreign Relations Committee had jurisdiction to investigate an incident where Philippine National Police (PNP) General Dela Paz failed to declare over 150,000 euros in cash during a trip to Moscow for an INTERPOL conference. While the petitioners argued the Committee lacked jurisdiction and violated Senate rules, the Court ruled that determining rules of proceedings is exempt from judicial interference based on the Constitution. It also found the incident could impact Philippine relations with other countries and international obligations.

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74 views2 pages

Dela Paz V Senate Digest

The Senate Foreign Relations Committee had jurisdiction to investigate an incident where Philippine National Police (PNP) General Dela Paz failed to declare over 150,000 euros in cash during a trip to Moscow for an INTERPOL conference. While the petitioners argued the Committee lacked jurisdiction and violated Senate rules, the Court ruled that determining rules of proceedings is exempt from judicial interference based on the Constitution. It also found the incident could impact Philippine relations with other countries and international obligations.

Uploaded by

Donn Lin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dela Paz v.

Senate

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 (comptroller and special disbursing officer) of PNP was with the
delegation
• Gen Dela Paz was apprehended at Moscow airport for failure to declare in written form
the 105 000 euros (P6 390 000) in his luggage and 45 000 euros (P2 970 000) in his
possession
• He was detained and eventually allowed to return but the euros were confiscated.
• A subpoena issued by respondent Committee for investigation was awaiting them as they
arrived in Manila on the Moscow incident.
• Petitioners did not attend the hearing and filed a Challenge to Jurisdiction with Motion to
Quash Subpoena. Senator Santiago defended respondent Committee's jurisdiction and
commanded Balajadia to arrest the petitioners.
• Petitioners contend that:
o Committee has no jurisdiction on the Moscow incident because it does not
involve state relations
o Committee violated Senate Rules by issuing warrant of arrest without signatures
of majority members of the Committee
o the very same Senate Rules because the same were not published as required by
the Constitution, and thus, cannot be used as basis of any investigation involving
them relative to the Moscow incident.

Issue

• W/N said Senate Foreign Relations Committee has jurisdiction on the Moscow incident

Ruling

• YES, under Section 16(3), Article VI of 1987 Consti: "Each house shall determine the
rules of its proceedings." the exercise of this power is generally exempt from judicial
supervision and interference.
• Committee has acted within the proper sphere of its authority. Paragraph 12, Section 13,
Rule 10 of the Senate Rules:
o 15 members. All matters relating to the relations of the PH with other nations
generally...
• Moscow incident could create ripples in the relations between the Philippines and Russia.
Gen. Dela Paz went to Moscow in an official capacity.
• the matter affects Philippine international obligations and would reflect on our country's
compliance with the UN Convention Against Corrpution and the UN Convention Against
Transnational Organized Crime, which pertain to provisions dealing with the movement
of considerable foreign currency across borders.
• Subsequent to Senator Santiago's verbal command to Balajadia to arrest petitioners,
Senate issued a formal written order of arrest, approved and in accordance with Senate
Rules
• Senate has already published its Rules of Procedure Governing Inquiries in Aid of
Legislation in two newspapers of general circulation
• Arrest order issued against the petitioners has been rendered ineffectual. Having
submitted himself to the jurisdiction of the Senate Committees, there was no longer any
necessity to implement the order of arrest.

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