Privilege of Speech and of Debate

Members of Congress cannot be prosecuted for any words spoken in debate or in connection with voting or used in written reports or with things generally done in a session of either House in relation to the business before it. This protection is extended to them during the session on the occasion of the exercise of their functions either in their respective chambers or in joint assembly, or in committees or commission. 


Constitutional Basis

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. (Section 11, Article VI, 1987 Philippine Constitution)


Purpose of the privilege

The purpose of this privilege of speech or debate is not to protect the members against prosecutions for their own benefit but to enable them as representatives of the people to execute the functions of their office without fear of prosecution, civil or criminal. As held in the case of Osmeña v. Pendatun, the Supreme Court took the occasion of defining the purpose of the privilege. It ruled:

Our Constitution enshrines parliamentary immunity which is a fundamental privilege cherished in every legislative assembly of the democratic world. As old as the English Parliament, its purpose is to enable and encourage a representative of the public to discharge his public trust with firmness and success for it is indispensably necessary that he should enjoy the fullest liberty of speech, and that he should be protected from the resentment of every one, however, powerful, to whom the exercise of that liberty may occasion. Such immunity has come to this country from the practices of Parliament as construed and applied by the Congress of the United States. Its extent and application remain no longer in doubt insofar as related to the question before us. It guarantees the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions before the courts or any other forum outside of the Congressional hall. But it does not protect him from responsibility before the legislative body itself whenever his words and conduct are considered by the latter disorderly or unbecoming to a member thereof. (Source: http://www.senate.gov.ph)

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Freedom from Arrest

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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