Part Three

RULES OF PROCEDURE GOVERNING

INQUIRIES IN AID OF LEGISLATION

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 RULES OF PROCEDURE GOVERNING
INQUIRIES IN AID OF LEGISLATION
18th Congress

Section 1. Power to Conduct Inquiries. – Pursuant to Section 21,

Article VI of the Constitution, the House of Representatives or any
of its committees, may conduct inquiries in aid of legislation in
accordance with these rules.

The filing or pendency of a case before any court, tribunal or

quasi-judicial or administrative body shall not stop or abate any
inquiry conducted to carry out a legislative purpose.

Section 2. Modes of Initiation. – Inquiries may be initiated through

the following modes:

a. motu proprio action of a committee on any matter within

its jurisdiction upon a majority vote of all its Members:
Provided, That the committee shall first seek authority from
the Committee on Rules to proceed with their motu proprio
inquiry; or

b. upon order of the House of Representatives through:

b1. the referral to the appropriate committee of a privilege

speech containing or conveying a request or demand
for the conduct of an inquiry, upon motion of the
Majority Leader or the Deputy Majority Leaders; or

b2. the referral of a resolution to the appropriate

committee: Provided, That all resolutions directing
any committee to conduct an inquiry shall be
initially referred to the Committee on Rules for the
determination of the necessity and propriety of the
conduct of such inquiry; or

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b3. the referral of a petition filed or information given by

any person not a member of the House requesting
such inquiry to the appropriate committee: Provided,
That such petition or information shall be submitted
to the Speaker under oath stating the facts upon
which it is based, and accompanied by supporting
documents, and thereafter included in the order of
business for referral to the Committee on Rules which
shall determine the necessity and propriety of the
conduct of such inquiry.

Section 3. Change of Referral. - The referral of the privilege speech,

resolution, petition or information may be changed on motion of
the Majority Leader upon receipt and approval by the Committee on
Rules of a written request from the chairperson of the committee to
which said privilege speech, resolution, petition or information was
originally referred. The Committee on Rules shall decide on the said
request within a reasonable time from receipt thereof.

Section 4. Conduct of Inquiry. – The committee(s) authorized and

directed to conduct an inquiry may:

a. upon a majority vote of all its Members, invite any other

interested committee(s) or Members thereof to attend its
hearings: Provided, That the committee(s) or Members
thereof so invited shall not participate in the preparation
and approval of the report on the investigation; and

b. constitute sub-committees composed of at least one-fifth

(1/5) of the total number of committee Members for the
purpose of performing any and all acts which the committee
as a whole is authorized to perform in the conduct of an
inquiry except to punish for contempt.

The findings and recommendations of the sub-committees shall

be submitted for approval and other appropriate action(s) thereon by
the mother committee: Provided, That findings and recommendations
including summary statements thereon or publications related
thereto shall not be released by any Member of the sub-committee
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 Rules of Procedure Governing Inquiries in Aid of Legislation

and the secretariat staff prior to the inclusion of the final committee
report in the Calendar of Business as provided in Section 17 hereof.

Section 5. Joint Inquiry or Investigation. – When a privilege

speech, resolution, petition or information is referred to two or
more committees, a joint inquiry by the said committees shall be
conducted.

Section 6. Quorum - One-fifth (1/5) of all the Members of a

committee or a majority of all the Members of a subcommittee shall
constitute a quorum. For purposes of determining the existence of a
quorum, the Speaker, the Deputy Speakers, the Majority Leader, the
Deputy Majority Leaders, the Minority Leader & the Deputy Minority
Leaders or the Members deputized by them shall be added to the
total number of committee or sub-committee members, as the case
may be, if they are present in a meeting. In cases of joint referrals, a
quorum must be present in each of the committees concerned.

Section 7. Executive Sessions. - If the committee or sub-committee

deems that the subject matter of the discussion in a public hearing
may endanger national security or may be offensive to decency
or public morals, it shall conduct the examination in an executive
session.

Attendance in executive sessions shall be limited to Members

of the committee, the committee secretariat staff and such other
persons whose presence are required or allowed by the Chairperson.

Testimony taken or evidence presented in an executive session,

or any summary or excerpt thereof or documents related thereto, in
whole or in part, shall not be made public, unless authorized by a
majority vote of the Members present, there being a quorum.

Section 8. Attendance of Witnesses.- The committee shall have the

power to issue subpoena ad testificandum and subpoena duces tecum
to witnesses in any part of the country, signed by the Chairperson
or acting Chairperson and the Speaker or acting Speaker. However,
if the committee is unable to secure the signature of the Speaker
or acting Speaker on a subpoena ad testificandum and/or subpoena

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duces tecum, it may request the Committee on Rules to act on the

matter. Upon the recommendation of the Committee on Rules
through a majority vote of all its Members after determining that the
attendance of a witness is indispensable to the effective conduct of
the inquiry, the Speaker shall issue a subpoena ad testificandum and/
or a subpoena duces tecum to compel the attendance of a witness.

Within Metro Manila, subpoena ad testificandum and subpoena

duces tecum shall be served by the Sergeant-at-Arms or his duly
authorized deputies. Outside Metro Manila, service of these processes
may be made by the appropriate police officer or authority of the
town or city upon request of the Secretary General.

Subpoena shall be served to a witness at least three (3) days

before a scheduled hearing in order to give the witness every
opportunity to prepare for the hearing and to employ counsel,
should the witness desire. The subpoena shall be accompanied by a
notice stating that should a witness wish to confer with the secretary
of the committee prior to the date of the hearing, the witness shall
convey such desire to the committee by mail, telephone or any other
electronic communication device.

Section 9. Rights and Duties of Witnesses. – The rights of witnesses

including their right against self -incrimination shall be respected.

Witnesses who are not government officials summoned by the

committee shall be entitled, upon their request and subject to the
approval of the Speaker, to reasonable transportation expenses and
such other amounts as may be deemed necessary for their stay in
Metro Manila.

Witnesses shall testify under oath to be administered by the

Chairperson or by any other person authorized by law.

A witness shall be limited to giving information relevant and

germane to the subject matter under investigation. The committee
shall rule upon the admissibility of any testimony or information
presented by a witness. Privileged communications shall be respected.

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 Rules of Procedure Governing Inquiries in Aid of Legislation

Any witness desiring to deliver or present a prepared or written

statement before the committee shall file a copy of such statement,
under oath, with the secretary of the committee within forty-eight
(48) hours before the hearing at which the statement is to be delivered
or presented.

Such statements or portions thereof that are relevant and

germane to the subject of the investigation may, at the conclusion of
the testimony of the witness, and upon approval by a majority vote of
the Members of the committee, a quorum being present, be inserted
into the official transcript of the proceedings.

A witness shall be allowed to request for and be granted

postponement of the appearance before the committee or sub-
committee on grounds that render such witness physically unable to
attend the inquiry or investigation: Provided, That the fact of physical
inability to attend the inquiry or investigation is supported by
appropriate medical or other certification as may be required by the
committee or sub-committee, and: Provided further, That no witness
shall be granted more than two (2) postponements of appearance
before the committee without justifiable cause.

Section 10. Rights and Duties of Persons Affected by a Hearing.

– Where applicable, any person named in a public hearing or in
the released record of testimonies given in executive sessions,
who has not been previously so named shall, within a reasonable
time thereafter, be notified of such fact by registered letter, return
receipt requested, to the address of such person last known to the
committee. The notice shall include:

a. a statement that the person has been so named;

b. date and place of hearing where the person was named;
c. name of the person who testified; and
d. information that a copy of the Rules of Procedure Governing
Inquiries in Aid of Legislation is available for the perusal of
such person in the house.

Any person so notified who believes that one’s character or

reputation was adversely affected may, within seven (7) days after
receipt of said notice:

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a. communicate with the secretary of the committee; and/or

b. request to appear in person before the committee in public

session and give testimony, at the expense of the concerned
person.

Any person testifying under the foregoing provisions shall be

accorded the same privileges as any other witness appearing before
the committee, and may be questioned concerning any matter
relevant and germane to the subject of the investigation.

Section 11. Contempt.- The committee may punish any person for
contempt, by a vote of two-thirds (2/3) of the Members present,
there being a quorum. The following shall be grounds for citing any
person in contempt:

a. refusal without legal excuse to obey summons;

b. refusal to be sworn or placed under affirmation;
c. refusal to answer any relevant inquiry;
d. refusal to produce any books, papers, documents or records
that are relevant to the inquiry and are in the possession of
the concerned person;
e. acting in a disrespectful manner towards any Member of
the committee or any misbehavior in the presence of the
committee; or
f. undue interference in the conduct of proceedings.

Contempt of the committee shall be deemed contempt of

the House. The person cited in this section may, upon order of the
committee, be detained in such place as the Chairperson or acting
Chairperson may designate.

Section 12. Penalty. – By a vote of two-thirds (2/3) of the Members

present, there being a quorum, those cited under Section 11,
paragraphs (e) and (f) shall be detained for a period not exceeding
ten (10) days in a place designated by the Chairperson or Acting
Chairperson under the custody of the Sergeant-at-Arms.

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 Rules of Procedure Governing Inquiries in Aid of Legislation

Section 13. Appearance of Counsel. – The person at whose instance

the inquiry was initiated may be represented by counsel.

A witness shall be informed by the committee or sub-committee

of the right to be represented by counsel. When informed by a
witness of the desire to be represented by counsel or when such
witness requests to be represented by counsel, the committee or
sub-committee may provide a counsel de officio or allow such witness
to choose own counsel and be assisted by the same.

The participation of counsel for the witness during the hearing

and while the witness is testifying shall be limited to advising on the
legal rights of said witness.

Counsel for a witness shall conduct oneself in a professional

manner and shall observe proper decorum. Otherwise, upon a
majority vote of the Members present, there being a quorum, such
counsel shall be subject to contempt or to such other disciplinary
action that may include censure and removal from the room where
the hearing is being conducted.

A counsel ordered removed from the room where the hearing

is being conducted may, upon such counsel’s request, be allowed to
remain in the room as an observer. The counsel shall sit in the place
reserved for the general public and shall have no participation in the
proceedings.

In cases where a counsel for a witness is ordered removed

from the room, the witness shall be given reasonable time as may
be determined by the committee to secure the services of another
counsel. Should the witness deliberately or capriciously fail or refuse
to obtain the services of another counsel, a counsel de officio may be
provided to the witness by the committee within a reasonable time.
Thereafter, the hearing shall continue and the testimony of such
witness shall be heard.

Section 14. Safekeeping and Release of Record of Testimonies of

Witnesses. – The testimony of witnesses shall be recorded verbatim.

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Records of testimonies given in executive sessions shall be placed

in the custody of the Secretary General who shall ensure their
preservation and confidentiality.

A witness or the counsel of such witness may obtain transcripts

of any public testimony of witnesses from the secretary of the
committee at the expense of the witness and upon written request
duly approved by the committee chairperson.

No committee report, an excerpt or summary statement of the

contents thereof, or any publication related thereto, shall be released
by any Member of the committee and its secretariat staff prior to the
inclusion of the report in the Calendar of Business.

Section 15. Termination of Inquiry. The committee shall terminate

an inquiry, and submit a report thereon within sixty (60) calendar
days from the date of commencement unless the committee, by a
majority vote of members present, there being a quorum, deems
it necessary to extend such inquiry. The inquiry commences on the
date of referral of the privilege speech, resolution or petition or
information to the concerned committee.

Section 16. Report of Committee. - The report shall contain the

findings of the committee on the subject matter of the inquiry, the
grounds on which its findings are based and its recommendations, if
any. The report shall be approved by a majority vote of the Members
present, there being a quorum. Members who vote against the
approval of the report and who do not sign the majority report may
make concurring or dissenting opinions.

The report, together with any concurring and dissenting

opinion, shall be filed with the Secretary General who shall include
the same in the Order of Business within three (3) days from receipt
thereof.

In case of joint inquiry, the committees concerned shall be jointly

responsible for submitting the report to the House on the measure
referred to them for consideration. The first committee mentioned in
the joint referral shall be the lead committee and shall be principally

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 Rules of Procedure Governing Inquiries in Aid of Legislation

responsible for preparing the report to the House: Provided, That the
committees may decide to designate which committee among them
shall prepare the report.

Section 17. Plenary Action on the Report. – The report, upon

inclusion in the Order of Business, shall be referred to the Committee
on Rules for appropriate action. The Committee on Rules shall,
thereafter, include the report in the Calendar of Business.

Upon inclusion of the report in the Calendar of Business, the

Plenary may approve or adopt, disapprove or reject, in whole or
in part, the report and its recommendation(s) or commit it to the
archives.

Section 18. Internal Rules. – The committee tasked to conduct an

inquiry may adopt internal rules of procedure: Provided, That these
rules are consistent with the Rules of the House and to these rules.

Section 19. Rules of Procedure and Evidence. – The Rules of Court

shall be suppletory to these rules.

Section 20. Effectivity. – These Rules shall take effect seven (7) days
after publication in two (2) newspapers of general circulation.

Adopted, June 5, 2020

Published, June 26, 2020

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 Index to the
Rules of Procedure Governing
Inquiries in Aid of Legislation

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 Index to the Rules of Procedure Governing Inquiries in Aid of Legislation

1/5 of Committee Members 120, Final 121

121 Release 126
2/3 vote of Members present 124 Committee Secretary 122
2 postponements of appearance Communications, Privileged 122
123 Conduct of Inquiry
3 days before Hearing 122 Majority of vote 120
7 days after receipt of notice 123, Sub-committees
127 Findings 120
48 hours before Hearing 123 Recommendations 120
60 calendar days 126 Contempt
Grounds 124
Counsel
A Appearance 125
Acting Chairperson 121, 124 de Officio 125
Acting Speaker For a witness 125
Signature 121 Participation 125
Appearance Removal 125
Counsel 125
Postponement 123
Witness 123 D
Article VI (sec. 21) 119 Date of commencement 126
Attendance Deputy Majority Leaders 119, 121
in Executive Sessions 121 Deputy Minority Leaders 121
Witnesses 121-122 Deputy Speakers 121
Authority
City 122
Town 122 E
Effectivity 127
Examination 121
B Executive Sessions
Attendance 121

C
Calendar of Business 121, 126, 127 F
Chairperson 120, 121, 122, 124, 126
Change of referral 120
Commencement (Inquiry) 126 G
Committee
Conduct of inquiry 120
Lead 126
Secretary 122 H
Committee on Rules 119, 120, 122, Hearing
127 Persons affected by
Committee Report Rights and duties 123-124

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Public 121, 123 Majority Leader 119

House of Representatives 119 Mother committee 120
Motu proprio 119

I
Information N
Date of referral 126 Non-government officials
Inquiry Summoned by the Committee
Conduct 120-121 122
Joint 121, 126 Notice (Hearing)
Modes of Initiation 119 7 days after receipt 123, 127
Termination 126
Investigation 121
O
Oath 120
J Testify 122
Joint inquiry 121 Offensive
Joint investigation 121 Decency 121
Joint referrals 121 Public morals 121
Jurisdiction (Modes of Initiation) Order of Business 120, 126, 127
119

P
K Penalty 124
Person so notified 123
Person testifying
L Privileges 124
Persons affected by a Hearing
Notice 123
M Rights and duties 123
Majority Leader Petition 120
Motion 119 Date of referral 126
Majority vote 119, 120, 121, 122, Plenary Action on the Report
123, 125, 126 127
Members Police officer 122
Committee 120, 121 Power to Conduct Inquiries 119
Minority Leader 121 Privilege speech 119
Modes of Initiation Date of referral 126
Motu proprio 119 Proceedings
Referral Official transcript 123
Petition 119 Public hearing 121, 123
Privilege Speech 120 Public session 124
Resolution 120
Motion

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 Index to the Rules of Procedure Governing Inquiries in Aid of Legislation

Q Modes of Initiation 119

Quorum 121, 123, 124, 125 Penalty 124
Plenary Action on the Report
127
R Power to Conduct Inquiries 119
Recommendations (Report of Quorum 121
Committee) 126 Report of Committee 126-127
Record of testimonies 123 Rights and Duties of Persons
Referral Affected by a Hearing 123-
Change of referral 124
Petition 120 Rights and Duties of Witnesses
Privilege speech 120 123-124
Resolution 120 Rules of Procedure and Evidence
Joint 121, 126 127
Refusal 124 Safekeeping and Release of
Report of Committee Record of Testimonies of
Approval 126 Witnesses 125-126
Findings 126 Termination of Inquiry 126
Plenary Action 127 Rules of the House 127
Recommendations 126
Report on the Investigation 120
Resolutions 119 S
Date of referral 126 Secretary General 122, 126
Return Receipt 123 Section 21, Article VI
Right against self-incrimination (Constitution) 119
122 Security, National 121
Rules, Committee on 119 Self-incrimination, Right against
Rules, Internal 127 122
Rules of Court 127 Sergeant-at-Arms 122, 124
Rules of Procedure and Evidence Speaker 120
127 Signature 121
Rules of Procedure Governing Statement
Inquiries in Aid of Legislation Prepared 123
Appearance of Counsel 125 Written 123
Attendance of Witnesses 121- Sub-committee
122 Majority of Members 120
Change of Referral 120 Findings 120
Conduct of Inquiry 120 Recommendations 120
Contempt 124 Subpoena Ad Testificandum
Effectivity 127 Metro Manila 122
Executive Sessions 121 Outside Metro Manila 122
Internal Rules 127 Subpoena Duces Tecum
Joint Inquiry or Investigation Metro Manila 122
121 Outside Metro Manila 122
Summary statements 120

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T
Termination of Inquiry 126
Testimonies
Witness 123, 125

V
Vote
2/3 of Members present 124
Majority 119, 120, 121, 122, 123,
125, 126

W
Witnesses
Appearance
Postponement 123
Attendance 121-122
Counsel 126
Expenses
Transportation 122
Information presented 122
Oath 122
Privileged communications 122
Rights and duties 123-124
Against self-incrimination
122
Scheduled Hearing 122
Statement 123
Testimonies 121, 122, 123, 124,
125, 126
Written Statement 123

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