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Arroyo v.

De Venecia
Facts:
1. An amendment to the National Internal Revenue Code was introduced to the
House of Representatives involving taxations on the manufacture and sale of
beer and cigarettes (RA 8240).
2. This was later passed accordingly and brought to the House of Senate.
3. Upon the interpellation on the second reading, herein petitioner moved for
adjournment for lack of quorum which is constitutionally needed to conduct
business.
4. The Chair conducted a roll call and declared the presence of a quorum.
5. The bill was moved for the approval and ratification of the conference committee
report. The Chair called out for objections to the motion. Then the Chair
declared:There being none, approved. At the same time the Chair was saying
this, Rep. Arroyo was asking, What is thatMr. Speaker? The Chair and Rep.
Arroyo were talking simultaneously. Thus, although Rep. Arroyo subsequently
objected to the Majority Leaders motion, the approval of the conference
committee report had by then already been declared by the Chair.
6. On the same day, the bill was signed by the Speaker of the House of
Representatives and the President of the Senate and certified by the respective
secretaries of both Houses of Congress. The enrolled bill was signed into law by
President Ramos.
Issue:
Whether or not the law was passed on violation on the constitutional mandate.
Held:
1. The court upheld principle of separation of powers, which herein, is applicable
for the legislative branch for it has exercised its power without grave abuse of
discretion resulting to lack or excess of jurisdiction. A legislative act will not be
declared invalid for non compliance with the internal Rule of the House.
2. Rules of each House of Congress are hardly permanent in character. They are
subject to revocation, modification or waiver at the pleasure of the body
adopting them as they are primarily procedural. They may be waived or
disregarded by the legislative body. Consequently, mere failure to conform to

them does not have the effect of nullifying the act taken if the requisite number
of members has agreed to a particular measure.
3. There is no rule of the House concerned that quorum shall be determined by viva
voce or nominal voting. The Constitution does not require that the yeas and nays
of the Members be taken every time a House has to vote, except only on the
following instances:
a. upon the last and the third readings of the bill,
b. at the request of 1/5 of the Members present and in repassing a bill over
the veto of the President.
4. The suggestion made in a case[48] may instead appropriately be made
here: petitioners can seek the enactment of a new law or the repeal or
amendment of R.A. No. 8240. In the absence of anything to the contrary, the
Court must assume that Congress or any House thereof acted in the good faith
belief that its conduct was permitted by its rules, and deference rather than
disrespect is due the judgment of that body.