Case No. 21 GR No. 174105 Reghis Romero II et al vs. Jinggoy Estrada et al
Fats! Petitioners filed a petition for prohibition with application for temporary restraining order(TRO) and preliminary preliminar y injunction under Rule 65, assailing the constitutionality of the initations and compulsory processes issued by the !enate "ommittee on #abor, $mployment and %uman Resources &eelopment in connection with its inestigation on the inestment of Oerseas 'orers 'elfare dministration(O'') funds in the !moey *ountain project+ Pursuant to Resolution o+ 5-. and 5/-,Petitioner Reghis Romero 00 as owner of R100 2uilders 0nc+ was inited by the "ommittee on #abor, $mployment and %uman Resources &eelopment to attend a public hearing at the !enate on ugust ugust 3-,3446 regarding the inestment of O'' (Oerseas 'orers 'elfare dministration) dministration) funds in the the !moey *ountain project+ The inestigation inestigation is is intended intended to aid the the !enate !enate in the reiew and possible amendments to the pertinent proisions of R 4/3,The *igrant 'orers ct+ ct+ Petitioner Romero in his letter1reply reuested to be e7cused from appearing and testifying before the "ommittee at its scheduled hearings of the subject matter and purpose of Philippine !enate Resolution os+ 5-. and 5/-+ The "ommittee denied his reuest+ On the same date, initations were sent to the other si7 petitioners, then members of the 2oard of &irectors of R100 2uilders 0nc+ reuesting them to attend the !eptember /,3446 "ommittee hearing+ The ne7t day, !enator 8inggoy $strada as "hairman of the "ommittee issued subpoena ad testificandum to petitioner Romero 00 directing him to appear and testify before the "ommittee relatie to the aforesaid !enate resolutions+ The "ommittee later issued subpoenas to the 2oard of &irectors of R100 2uilders 0nc+
Iss"e! 'hether or not the subject matter of the !enate inuiry is sub judice R"ling! O+ The !upreme court held that the sub judice issue has been rendered moot and academic by the superening issuance of the en banc resolution of 8uly 9, 344 in :R o+ 96/53.+ n issue or a case becomes moot and academic when it ceases to present a justiciable controersy, so that a determination of the issue would be without practical use and alue+ 0n such cases, there is no actual substantial relief to which the petitioner would be entitled and which would be negated by the dismissal of the petition+ Thus, there is no more obstacle1on the ground of sub judice, assuming it is inocable to the continuation of the "ommittee;s inestigation challenged in this proceeding+ s stated in rnault rnault s+ a
. Philippine "onstitution+ The court has no authority to prohibit a !enate committee from reuiring persons to appear and testify before it in connection with an inuiry in aid of legislation in accordance with its duly published rules of procedure+ The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearign appearign in or affected affected by such such inquiries inquiries shall be respected. respected. ( Art. VI, ection ection !" of the "#$% "#$% &hilippine 'onstitution( )*+A,//-A '.
