Arnault v Nazareno G.R. No. L-3820 Digest

Arnault v Nazareno digest             

G.R. No. L-3820 July 18, 1950

Ozaeta, J.:

Topic: Legislative inquiry

Facts:

1. The controversy arose out of the Governments purchase of 2 estates. Petitioner was the attorney in-fact of Ernest H. Burt in the negotiations for the purchase of the Buenavista and Tambobong Estates by the Government of the Philippines. The purchase was effected and the price paid for both estates was P5,000,000. The Senate adopted Resolution No. 8 creating a Special Committee to determine the validity of the purchase and whether the price paid was fair and just. During the said Senate investigation, petitioner was asked to whom a part of the purchase price, or P440,000, was delivered. Petitioner refused to answer this question, hence the Committee cited him in contempt for contumacious acts and ordered his commitment to the custody of the Sergeant at-arms of the Philippines Senate and imprisoned in the new Bilibid Prison he reveals to the Senate or to the Special Committee the name of the person who received the P440,000 and to answer questions pertinent thereto.

2.  It turned out that the Government did not have to pay a single centavo for the Tambobong Estate as it was already practically owned by virtue of a deed of sale from the Philippine Trust Company and by virtue of the recession of the contract through which Ernest H. Burt had an interest in the estate. An intriguing question which the committee sought to resolve was that involved in the apparent irregularity of the Government's paying to Burt the total sum of P1,500,000 for his alleged interest of only P20,000 in the two estates, which he seemed to have forfeited anyway long before October, 1949. The committee sought to determine who were responsible for and who benefited from the transaction at the expense of the Government.

3. Arnault testified that two checks payable to Burt aggregating P1,500,000 were delivered to him; and that on the same occasion he draw on said account two checks; one for P500,000, which he transferred to the account of the Associated Agencies, Inc., with PNB, and another for P440,000 payable to cash, which he himself cashed.

4. Hence, this petition on following grounds:

a)        Petitioner contends that the Senate has no power to punish him for contempt for refusing to reveal the name of the person to whom he gave the P440,000, because such information is immaterial to, and will not serve, any intended or purported legislation and his refusal to answer the question has not embarrassed, obstructed, or impeded the legislative process.

b)   Petitioner contended that the Senate lacks authority to commit him for contempt for a term beyond its period of legislative session, which ended on May 18, 1950. 

c)   Also contended that he would incriminate himself if he should reveal the name of the person

ISSUE: W/N either House of Congress has the power to punish a person not a member for contempt

YES.

Once an inquiry is admitted or established to be within the jurisdiction of a legislative body to make, the investigating committee has the power to require a witness to answer any question pertinent to that inquiry, subject of course to his constitutional right against self-incrimination. The inquiry, to be within the jurisdiction of the legislative body to make, must be material or necessary to the exercise of a power in it vested by the Constitution, such as to legislate, or to expel a Member; and every question which the investigator is empowered to coerce a witness to answer must be material or pertinent to the subject of the inquiry or investigation. So a witness may not be coerced to answer a question that obviously has no relation to the subject of the inquiry. Note that, the fact that the legislative body has jurisdiction or the power to make the inquiry would not preclude judicial intervention to correct a clear abuse of discretion in the exercise of that power. 

 It is not necessary for the legislative body to show that every question propounded to a witness is material to any proposed or possible legislation; what is required is that is that it be pertinent to the matter  under inquiry. 

As to the self-incrimination issue, as against witness's inconsistent and unjustified claim to a constitutional right, is his clear duty as a citizen to give frank, sincere, and truthful testimony before a competent authority. The state has the right to exact fulfillment of a citizen's obligation, consistent of course with his right under the Constitution.

The resolution of commitment here in question was adopted by the Senate, which is a continuing body and which does not cease exist upon the periodical dissolution of the Congress or of the House of Representatives. There is no limit as to time to the Senate's power to punish for contempt in cases where that power may constitutionally be exerted as in the present case. That power subsists as long as the Senate, which is a continuing body, persists in performing the particular legislative function involved.