VIRGILIO O. GARCILLANO Vs.

THE HOUSE OF REPRESENTATIVES COMMITTEES ON PUBLIC

INFORMATION, PUBLIC ORDER AND SAFETY, NATIONAL DEFENSE AND SECURITY, INFORMATION
AND COMMUNICATIONS TECHNOLOGY, and SUFFRAGE AND ELECTORAL REFORMS
G.R. No. 170338
December 23, 2008

Facts :
In 2005, tapes which allegedly contained a conversation between GMA and COMELEC Commissioner
Garcillano surfaced. The tapes referred to as the "Hello Garci" tapes, allegedly contained the
President’s instructions to the COMELEC Commissioner to manipulate in her favor results of the 2004
presidential elections.
On June 8, 2005, Francis Escudero delivered a speech which motioned a joint congressional
investigation to be conducted by the Committees on Public Information, Public Order and Safety,
National Defense and Security, Information and Communications Technology, and Suffrage and
Electoral Reforms. During the inquiry, several versions of the wiretapped conversation emerged.
But on July 5, 2005, NBI Director Reynaldo Wycoco, Atty. Alan Paguia and the lawyer of former NBI
Deputy Director Samuel Ong submitted to the respondent House Committees seven alleged "original"
tape recordings of the supposed three-hour taped conversation. After prolonged and impassioned
debate by the committee members on the admissibility and authenticity of the recordings, the tapes
were eventually played in the chambers of the House.
On August 3, 2005, the respondent House Committees decided to suspend the hearings indefinitely
though they decided to prepare committee reports based on the recordings.
Alarmed by these developments, petitioner Virgilio O. Garcillano (Garcillano) filed with this Court a
Petition for Prohibition and Injunction, with Prayer for Temporary Restraining Order and/or Writ of
Preliminary Injunction docketed as G.R. No. 170338 He prayed that the respondent House
Committees be restrained from using these tape recordings of the "illegally obtained" wiretapped
conversations in their committee reports and for any other purpose.
Also such petition for injunction prays that the Senate committee be prevented from further
conducting such investigation for the basic reason that there was no proper publication of the senate
rules, empowering them to make such investigation of the unlawfully seized documents.
--------Without reaching its denouement, the House discussion and debates on the "Garci tapes" abruptly stopped.

ISSUE
Whether or not there was proper publication of the rules as to empower the senate to further proceed
with their investigation

RULING
The Court dismisses the first petition, G.R. No. 170338
The Senate cannot be allowed to continue with the conduct of the questioned legislative inquiry
without duly published rules of procedure, in clear derogation of the constitutional requirement.
What constitutes publication is set forth in Article 2 of the Civil Code, which provides that "laws shall
take effect after 15 days following the completion of their publication either in the Official Gazette,
or in a newspaper of general circulation in the Philippines." Not having published its Rules of
Procedure, the subject hearings in aid of legislation conducted by the 14th Senate, are therefore,
procedurally infirm.

NOTES:

 May isa pa na nangyari dito which is now G.R. No. 179275

 Ang nangyari sa isang GR is nag file sina SANTIAGO JAVIER RANADA and OSWALDO D. AGCAOILI against the senate kasi ang ginagawa ng
senate is a violation of R.A. No. 4200 and Section 3, Article III of the Constitution. (Wiretapping kasi ginagawa ng senate which means
illegaly obtained so in a way, protected si GARCI)
 R.A No. 4200 is AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES. https://www.lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html
 Na dismiss yung GARCILLIANO VS. HOUSE OF REP pero na granted yung G.R. No. 179275
 It may be noted that while both petitions involve the "Hello Garci" recordings, they have different objectives–the first is poised at
preventing the playing of the tapes in the House and their subsequent inclusion in the committee reports, and the second seeks to
prohibit and stop the conduct of the Senate inquiry on the wiretapped conversation.

SOURCES :

 https://lawphil.net/judjuris/juri2008/dec2008/gr_170338_2008.html
 http://themalepsyche.blogspot.com/2012/09/virgilio-o-garcillano-vs-house-of.html
 http://johgonzalvo.blogspot.com/2012/10/case-digests.html
 http://nicolecvilches15.blogspot.com/2012/10/ten-10-case-digests-for-technology-and.html
 https://engrjhez.wordpress.com/2015/07/31/garcillano-v-house-of-representatives-committee-on-public-
information-g-r-no-170338-23-december-2008/