Congressional Deliberation

1. What is congressional deliberation?

- It is the long and careful discussion and consideration by the congress of the reasons
for and against a measure.
2. Purpose – in order for courts to avail themselves of the actual proceedings of the
legislative body to assist in determining the construction of a statute of doubtful meaning.
Thus, if there are doubts as to what a provision of a statute means, the court can use the
congressional deliberations or discussion made by the congress as an extrinsic aid for
them to fully interpret and construe the intentions of the authors.
Gonzales III vs Office of the President
This case is about a deputy ombudsman who was dismissed from service, and a disciplinary case
initiated against a special prosecutor, by the office of the president.
This case revolves on the conflicting provisions of RA 6770 section 8 (2) and section 21.
The issue here is whether the office of the president has jurisdiction to exercise administrative
disciplinary power over a deputy ombudsman and a special prosecutor who belongs to the
constitutionally-created office of the Ombudsman.
Section 8 (2) – A deputy or the special prosecutor, may be removed from office by the President
for any of the grounds provided for the removal of the Ombudsman, and after due process.
Section 21 - The Office of the Ombudsman shall have disciplinary authority over all elective and
appointive officials of the Government and its subdivisions, instrumentalities and agencies,
including Members of the Cabinet, local government, government-owned or controlled
corporations and their subsidiaries, except over officials who may be removed only by
impeachment or over Members of Congress, and the Judiciary.
Section 2 of Article 11 of the 1987 Constitution - The President, the Vice-President, the
Members of the Supreme Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal
of public trust. All other public officers and employees may be removed from office as provided
by law, but not by impeachment.
Section 4 - The Ombudsman and his Deputies, including the Special Prosecutor, shall be
appointed by the President
In order to harmonize these two conflicting provisions, the court looked into the intent of the
legislatures by using at the congressional deliberations on the matter as an extrinsic aid
 During the deliberations, senator angara emphasized the fact that the Deputy Tanodbayan
may only be removed for cause and after due process. He added that the president alone
has the power to remove the deputy tanodbayan.
  Senator Guingona argued that it might impair the independence of the tanodbayan, and
that he could be removed by the ombudsman under section 21. He added that if they
allow the executive to have disciplinary powers over Tanodbayan deputies, it would be
an encroachment on its independence/
 But the chair expressed apprehension that the Ombudsman and the Deputy Ombudsman
may try to protect one another.
 Sen angara added that considering the chair’s observation that vesting such authority
upon the tanodbayan itself could result in mutual protection, it is necessary that an
outside official should be vested with such authority to effect a check and balance.
So the court concluded that the congress intended the ombudsman and the president to exercise
concurrent disciplinary jurisdiction over the petitioners as deputy ombudsman and special
prosecutor. The court added that section 8 (2) was to provide external authority to exercise the
power of administrative discipline over deputy ombudsman and special prosecutor. Such design
is simply a measure of check and balance intended to prevent the Ombudsman and his deputy
protecting one another from administrative liabilities.

Lokin Jr. vs COMELEC