Political Law – Privilege from Arrest
Petitioners Manuel Martinez y Festin and Fernando Bautista, Sr., as
delegates of the present Constitutional Convention would invoke what
they consider to be the protection of the above constitutional
provision, if considered in connection with Article 145 of the Revised
Penal Code penalizing a public officer or employee who shall, during the
sessions of Congress, “arrest or search any member thereof, except in
case such member has committed a crime punishable under [such] Code by a
penalty higher than prision mayor.” For under the Constitutional
Convention Act, delegates are entitled to the parliamentary immunities
of a senator or a representative. Both petitioners are facing criminal
prosecutions, the information filed against petitioner Manuel Martinez y
Festin for falsification of a public document and two informations
against petitioner Fernando Bautista, Sr. for violation of the Revised
Election Code. The Solicitor General, on behalf of the respondent Judges
in the above proceedings, would dispute such a contention on the ground
that the constitutional provision does not cover any criminal
prosecution being merely an exemption from arrest in civil cases, the
logical inference being that insofar as a provision of the Revised Penal
Code would expand such an immunity, it would be unconstitutional or at
the very least inoperative.
ISSUE: Whether or not Martinez and Bautista are immune from arrest.
HELD: There is, to be sure, a full recognition of the necessity to have members of Congress, and likewise delegates to the Constitutional Convention, entitled to the utmost freedom to enable them to discharge their vital responsibilities, bowing to no other force except the dictates of their conscience. Necessarily the utmost latitude in free speech should be accorded them. When it comes to freedom from arrest, however, it would amount to the creation of a privileged class, without justification in reason, if notwithstanding their liability for a criminal offense, they would be considered immune during their attendance in Congress and in going to and returning from the same. There is likely to be no dissent from the proposition that a legislator or a delegate can perform his functions efficiently and well, without the need for any transgression of the criminal law. Should such an unfortunate event come to pass, he is to be treated like any other citizen considering that there is a strong public interest in seeing to it that crime should not go unpunished. To the fear that may be expressed that the prosecuting arm of the government might unjustly go after legislators belonging to the minority, it suffices to answer that precisely all the safeguards thrown around an accused by the Constitution, solicitous of the rights of an individual, would constitute an obstacle to such an attempt at abuse of power. The presumption of course is that the judiciary would remain independent. It is trite to say that in each and every manifestation of judicial endeavor, such a virtue is of the essence. Petitioners cannot claim their claim to immunity.
***According to Art. VI, Sec. 15 of the Constitution: “The Senators and Members of the House of Representatives shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of the Congress, and in going to and returning from the same; and for any speech or debate therein, they shall not be questioned in any other place.”
EXEMPTION: They can be arrested in cases of Treason, Felony and Breach of Peace. Treason exists when the accused levies war against the Republic or adheres to its enemies giving them aid and comfort. A felony is act or omission punishable by law. Breach of the peace covers any offense whether defined by the Revised Penal Code or any special statute. It is a well-settled principle in public law that the public peace must be maintained and any breach thereof renders one susceptible to prosecution. Petitioners cannot claim their claim to immunity.
ISSUE: Whether or not Martinez and Bautista are immune from arrest.
HELD: There is, to be sure, a full recognition of the necessity to have members of Congress, and likewise delegates to the Constitutional Convention, entitled to the utmost freedom to enable them to discharge their vital responsibilities, bowing to no other force except the dictates of their conscience. Necessarily the utmost latitude in free speech should be accorded them. When it comes to freedom from arrest, however, it would amount to the creation of a privileged class, without justification in reason, if notwithstanding their liability for a criminal offense, they would be considered immune during their attendance in Congress and in going to and returning from the same. There is likely to be no dissent from the proposition that a legislator or a delegate can perform his functions efficiently and well, without the need for any transgression of the criminal law. Should such an unfortunate event come to pass, he is to be treated like any other citizen considering that there is a strong public interest in seeing to it that crime should not go unpunished. To the fear that may be expressed that the prosecuting arm of the government might unjustly go after legislators belonging to the minority, it suffices to answer that precisely all the safeguards thrown around an accused by the Constitution, solicitous of the rights of an individual, would constitute an obstacle to such an attempt at abuse of power. The presumption of course is that the judiciary would remain independent. It is trite to say that in each and every manifestation of judicial endeavor, such a virtue is of the essence. Petitioners cannot claim their claim to immunity.
***According to Art. VI, Sec. 15 of the Constitution: “The Senators and Members of the House of Representatives shall in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of the Congress, and in going to and returning from the same; and for any speech or debate therein, they shall not be questioned in any other place.”
EXEMPTION: They can be arrested in cases of Treason, Felony and Breach of Peace. Treason exists when the accused levies war against the Republic or adheres to its enemies giving them aid and comfort. A felony is act or omission punishable by law. Breach of the peace covers any offense whether defined by the Revised Penal Code or any special statute. It is a well-settled principle in public law that the public peace must be maintained and any breach thereof renders one susceptible to prosecution. Petitioners cannot claim their claim to immunity.