Constitutional Basis
One
of the privileges that a member of Congress enjoys is the privilege from
arrest. In this regard, Section 11, Article VI, of the Constitution provides as
follows:
A Senator or Member of the House of
Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. No
member shall be questioned nor be held liable in any other place for any speech
or debate in Congress or in any committee thereof.
Purpose of the privilege
This
privilege is intended to insure representation of the constituents by the
members of Congress. In Vera vs. Avelino, the Supreme Court, quoting a decision
of the United States Supreme Court, explained for whose benefit the right to
parliamentary immunity is secured:
These privileges are thus secured not
with the intention of protecting the members against prosecutors for their own
benefit, but to support the rights of the people, by enabling their
representatives to execute the function of their office without fear of
prosecution, civil or criminal.
Discipline of members
A
member of Congress could only be suspended by the House of which he is a member
and only for the purpose of self-preservation or self-protection. To protect a
member of Congress from oppression, even this power has been circumscribed by
the 1935 Constitution and further limited by the 1987 Constitution.
The
rationale for this was expressed by the Supreme Court as early as 11 September
1924 in Alejandrino vs. Quezon:
It is noteworthy that the Congress of
the United States shall not in all its long history suspend a member. And the
reason is obvious. Punishment by way of reprimand or fine vindicates the
outraged dignity of the House without depriving the constituency of
representation; expulsion, when permissible, likewise vindicates the honor of
the legislative body while giving to the constituency an opportunity to elect
anew; but suspension deprives the electoral district of representation without
that district being afforded any means by which to fill the vacancy. By
suspension, the seat remains filled, but the occupant is silenced. (Source: http://www.senate.gov.ph)
Cases:
People vs. Jalosjos, G.R. Nos. 132875-76. February 3, 2000. The immunity from arrest or detention of Senators and members of the House of Representatives arises from a provision of the Constitution. The history of the provision shows that the privilege has always been granted in a restrictive sense. The provision granting an exemption as a special privilege cannot be extended beyond the ordinary meaning of its terms. It may not be extended by intendment, implication or equitable considerations.
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