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Documente Profesional
Documente Cultură
*
G.R. Nos. 132875-76. February 3, 2000.
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* EN BANC.
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the duties of a position. In fact, the higher the rank, the greater is
the requirement of obedience rather than exemption.
Same; The provision granting an exemption as a special
privilege cannot be extended beyond the ordinary meaning of its
terms.—The immunity from arrest or detention of Senators and
members of the House of Representatives, the latter customarily
addressed as Congressmen, 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.
Same; Because of the broad coverage of felony and breach of
the peace, the exemption applied only to civil arrests.—Because of
the broad coverage of felony and breach of the peace, the
exemption applied only to civil arrests. A congressman like the
accused-appellant, convicted under Title Eleven of the Revised
Penal Code could not claim parliamentary immunity from arrest.
He was subject to the same general laws governing all persons
still to be tried or whose convictions were pending appeal, x x x
For offenses punishable by more than six years imprisonment,
there was no immunity from arrest.
Same; The confinement of a Congressman charged with a
crime punishable by imprisonment of more than six years is not
merely authorized by law, it has constitutional foundations.—The
accused-appellant has not given any reason why he should be
exempted from
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RESOLUTION
YNARES-SANTIAGO, J.:
693
1
and acts of lasciviousness on six counts is pending appeal.
The accused-appellant filed this motion asking that he be
allowed to fully discharge the duties of a Congressman,
including attendance at legislative sessions and committee
meetings despite his having been convicted in the first
instance of a non-bailable offense.
The issue raised is one of first impression.
Does membership in Congress exempt an accused from
statutes and rules which apply to validly incarcerated
persons in general? In answering the query, we are called
upon to balance relevant and conflicting factors in the
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694
695
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The Court should never remove a public officer for acts done prior
to his present term of office. To do otherwise would be to deprive
the people of their right to elect their officers. When the people
have elected a man to office, it must be assumed that they did this
with the knowledge of his life and character, and that they
disregarded or forgave his fault or misconduct, if he had been
guilty of any. It is not for the Court, by reason of such fault or
misconduct, to practically overrule the will of the people.
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697
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699
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5 44 SCRA 37 [1972].
700
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701
7
rights enjoyed and responsibilities imposed. The organs of
government may not show any undue favoritism or
hostility to any person. Neither partiality nor prejudice
shall be displayed.
Does being an elective official result in a substantial
distinction that allows different treatment? Is being a
Congressman a substantial differentiation which removes
the accused-appellant as a prisoner from the same class as
all persons validly confined under law?
The performance of legitimate and even essential duties
by public officers has never been an excuse to free a person
validly in prison. The duties imposed by the “mandate of
the people” are multifarious. The accused-appellant asserts
that the duty to legislate ranks highest in the hierarchy of
government. The accused-appellant is only one of 250
members of the House of Representatives, not to mention
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702
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703
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704
CONCURRING OPINION
GONZAGA-REYES, J.:
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705
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706
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707
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708
——o0o——
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