Arroyo v De Venecia

August 14, 1997

Certiorari and Prohibition
J. Mendoza
FACTS:
During the bicameral conference to reconcile disagreeing provisions of the
House and Senate versions of the bill, Rep-Arroyo moved to adjourn due to
lack of quorum.
The chair made a roll call and declared the presence of a quorum
When the chair moved to approve and ratify the conference committee
report, Re. Arroyo wanted to objet but he claims he wasnt given the chance
and on the same day, the bill was signed and certified by both houses, Pres.
Ramos signed the bill into law.
ISSUE: WON a law passed in violation of the rules of procedure could be declared
unconstitutional
Held:

No, the law stands as it is, even though it may have been passed in violation
of the rules of procedure of the congress because it was approved by the
assembly and the president
o It is within the power of the congress to promulgate its own rules
o The rules of congress is not within the reach of the court in respect to
the coequality of the branches
o The rules are not part of the constitution and are entirely within the
control of the gen. assembly- not a subject matter of judicial inquiry
Its validity is only open to question when it concerns a case
where private rights are involved
The court cannot touch on political questions; it cannot declare an act of
legislature void on account of non-compliance with the rules made by itself
On the allegation that It was railroaded, the court cannot give advice on what
could be the best procedure
The constitution does not require that the yeas and nays be taken every time
except:
o Upon last and first reading of the bill
o Require of 1/5 members
o Repassing a bill over the veto of the president
Rep. arroyo did not claim that there was no quorum but that he was
prevented from questioning a quorum- waived his objection when he
continued interpellation
o Means he accepted the presence of a quorum
ENROLLED BILL DOCTRINE- the certified bill was conclusive of its due
enactment and contents

The court will respect the certification of the presiding officers that a
bill has been passed- due respect to the equality of the 3 branches
o A duly authenticated bill or resolution imports absolute verity and is
binding on courts
Questioning the bill means questioning the authority which
passed it.
JOURNAL- regarded as conclusive with respect to matters that are required by
the constitution to be recorded therein
o

DISSENTING OPINION of J. PUNO

I.

II.

Authority of the bicameral committee

Power of the judiciary to review congressional rules
i. It is the constitution that empowers the congress therefore it
cannot exceed the power granted to it.
the court cannot dismiss a justifiable controversy mainly because it is
political in nature
i. the constitution imposed a duty to strike down any branch or
instrumentality with grave abuse of discretion
ENROLLED BILL DOCTRINE
Justified by the coequality of the 3 branches
Rule of convenience
i. Checking journals/ other materials would amount to work and
uncertainty
Must dwell on evidence, not assumptions (enrolled bill)
There is nothing sacrosanct in the certification because it is merely a
mode of authentication
i. Certification- does not add validity to the bill