CONSTITUTION I

A.Y. 1819– DEAN CANDELARIA

- Petitioner attended the hearing but refused to answer the question
TOPIC Power to Punish a Person Under Investigation from Senator Poe “if he was the president of the AJ Fraternity.” He
CASE NO. G.R. No. 234608 invoked his right against self-incrimination.
- This question was repeated twice before given a warning from
CASE NAME Balag v. Senate
Senator Lacson that he could be cited in contempt. Nonetheless he
PONENTE Gesmundo, J still refused to answer. Senator Poe moved to cite him in contempt
PETITIONER Balag seconded by Senator Villanueva and Zubiri. Senator Lacson
RESPONDENT Senate Committee on Public Order and Dangerous reminded him that this was just an affirmation of school records.
Drugs, Senate Committee on Justice and Human (Detention of someone in contempt happens after the committee
Rights, Senate Committee on Constitutional hearing hence why he was still being asked questions)
Amendments and Revisions and Balajadia as Senate - After around 40 minutes. Lacson and Poe gave him another chance
Sergant at Arms repeating the said question 2 more times but refused to answer.
TYPE OF Petition for Certiorari and Prohibition with a prayer - After 1 hour and 10 minutes. Villanueva asked him if he was the one
CASE for a TRO and/or writ of preliminary injunction who decided to bring him to Chinese general hospital. This was
MEMBER Raymond Conchu where he admitted to being a member of AJ Frat but not aware who
the president was since he was enrolled in another school.
ISSUE - Villanueva repeated his question that was being evaded again but
petitioner gave the same response. Villanueva said his contempt
1. W/N Senate committee acted with grave abuse of discretion in would then remain.
conducting the legislative inquiry citing petitioner in contempt. Petitioners Arguments
2. W/N there is a limitation to the period of detention when the Senate - The Legislative inquiry was not in aid of Legislation
exercises its power of contempt during inquiries in aid of legislation o Since the transcripts during the investigation were being
used during the criminal complaint against him in aid of
RELEVANT FACTS prosecution.
- Horacio Tomas T. Castillo III law student of UST, died allegedly o It would violate his right to due process and pre-empt
due to hazing conducted by the Aegis Juris Fraternity finding of the DOJ
- Senator Zubiri directed the appropriate Senate Committee to - Equal Protection laws were violated
investigate, in aid of legislation, to hold those responsible - He properly invoked his right to Self- incrimination
accountable.
- Petitioner, however, did not attend the hearing scheduled.
- Senator Lacson issued a Subpoena Ad Testificandum to the
petitioner directing him to testify on the subject matter.

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 CONSTITUTION I
A.Y. 1819– DEAN CANDELARIA
RATIO DECIDENDI
1. W/N Senate committee acted with grave abuse of discretion in
conducting the legislative inquiry citing petitioner in contempt.
MOOT AND ACADEMIC
- Court finds that there is no more justiciable controversy. As
discussed earlier, in its resolution dated December 12, 2017, the
Court ordered in the interim the immediate release of petitioner
pending resolution of the instant petition. Thus, petitioner was no
longer detained under the Senate's authority.
- ▪ Committee report is the culmination of the legislative
- Evidently, respondent committees have terminated their legislative
inquiry. The Senate even went further by approving on its 3rd
reading the proposed bill, Senate Bill No. 1662, the result of the
inquiry in aid of legislation. As the legislative inquiry ends, the basis
for the detention of petitioner likewise ends.
2. W/N there is a limitation to the period of detention when the
Senate exercises its power of contempt during inquiries in aid of
legislation
- Moreover, the indefinite detention of persons cited in contempt
impairs their constitutional right to liberty. Thus, paramount public
interest requires the Court to determine such issue to ensure that the
constitutional rights of the persons appearing before a legislative
inquiry of the Senate are protected.
- Constitutional right to liberty that every citizen enjoys certainly
cannot be respected when they are detained for an indefinite period
of time without due process of law.
- The Court finds that the period of imprisonment under the inherent
power of contempt by the Senate during inquiries in aid of
legislation should only last until the termination of the legislative
inquiry under which the said power is invoked
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- Accordingly, as long as there is a legitimate legislative inquiry, then
the inherent power of contempt by the Senate may be properly
exercised. Conversely, once the said legislative inquiry concludes,
the exercise of the inherent power of contempt ceases and there is no
more genuine necessity to penalize the detained witness.
- When does Legislative Inquiry End?
o Committee Reports approval or disapproval signifies the end of
such legislative inquiry and it is now up to the Senate whether
or not to act upon the said Committee Report in the succeeding
order of business.
inquiry
▪ Senate Rules Section 22 and 23
● Within fifteen (15) days after the conclusion of the
inquiry, the Committee shall meet to begin the
consideration of its Report.
o Upon the expiration of that Congress at the final adjournment of
its last session.
▪ Optional for the Senate of the succeeding congress to take
up such unfinished matters, not in the same status, but as if
presented for the first time.
▪ Even though Senate is a continuing institution all
proceedings are terminated upon its expiration.
DISPOSITIVE POSITION
WHEREFORE, the petition is DENIED for being moot and academic.
However, the period of imprisonment under the inherent power of contempt
of the Senate during inquiries in aid of legislation should only last until the
termination of the legislative inquiry. The December 12, 2017 Resolution of
the Court ordering the temporary release of Arvin R. Balag from detention is
hereby declared FINAL
 CONSTITUTION I
A.Y. 1819– DEAN CANDELARIA
DOCTRINE/PRECEDENT
- (Anderson v. Dunn) although the offense committed under the
inherent power of contempt by Congress may be undefinable, it is
justly contended that the punishment need not be indefinite. It held
that as the legislative body ceases to exist from the moment of its
adjournment or periodical dissolution, then it follows that
imprisonment under the contempt power of Congress must
terminate with adjournment.
- (Neri v. Senate) Senate as a "continuing body" there is no debate
that the Senate as an institution is "continuing'', as it is not dissolved
as an entity with each national election or change in the composition
of its members. However, in the conduct of its day-to-day business
the Senate of each Congress acts separately and independently
of the Senate of the Congress before it.

RELEVANT LAWS
Rules of Senate
RULEXLIV
UNFINISHED BUSINESS

SEC. 123. Unfinished business at the end of the session shall be taken
up at the next session in the same status. All pending matters and
proceedings shall terminate upon the expiration of one (l) Congress,
but may be taken by the succeeding Congress as if present for the
first time. Undeniably from the foregoing, all pending matters and
proceedings, i.e., unpassed bills and even legislative investigations, of
the Senate of a particular Congress are considered terminated upon
the expiration of that Congress and it is merely optional on the
Senate of the succeeding Congress to take up such unfinished
matters, not in the same status, but as if presented for the first time.