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
NACHURA, J.:

TOPIC: LEGISLATIVE INQUIRY

FACTS:
In 2005, tapes which allegedly contained a conversation between GMA and COMELEC
Commissioner Garcillano surfaced. The said conversation contained a plan to rig the elections to
favor GMA. The recordings then became subject to legislative hearings conducted separately by
each House. In his privilege speech, Sen. Escudero motioned a congressional investigation
jointly conducted by the Committees on Public Information, Public Order and Safety, National
Defense and Security, Information and Communications Technology, and Suffrage and Electoral
Reforms (respondent House Committees). During the inquiry, several versions of the wiretapped
conversation emerged. Lacson’s motion for a senate inquiry was referred to the Committee on
National Defense and Security headed by Biazon. Garcillano subsequently filed 2 petitions. One
to prevent the playing of the tapes in the each house for they are alleged to be inadmissible and
the other to prohibit and stop the conduct of the Senate inquiry on the wiretapped conversation.
ISSUE:
Whether or not Sec. 21, Art. VI of the 1987 Constitution was violated.
RULING:
NO. 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 in accordance with Section 21, Article VI of the 1987 Constitution.
The requisite of publication of the rules is intended to satisfy the basic requirements of due
process. Publication is indeed imperative, for it will be the height of injustice to punish or
otherwise burden a citizen for the transgression of a law or rule of which he had no notice
whatsoever, not even a constructive one.