Osmena vs Pendatun (G.R. No.

L-17144)

FACTS:

Representative Sergio Osmena Jr, a congressman of 2nd district of Cebu, petitioned for
declaratory relief, certiorari and prohibition with preliminary injunction against Congressman
Pendatun and 14 others in their capacity as member of the Special Committee created by House
Resolution # 59. Specifically, petitioner asked for the annulment of the resolution on the ground
of infringement of his parliamentary immunity; and asked the member of the Special Committee
be enjoined from proceeding, as provided by Resolution # 59, requiring the petitioner to
substantiate his charges against the President during his privilege speech entitled “A Message to
Garcia” wherein he spoke of derogatory remarks of the President’s administration selling
pardons. For refusing to provide evidence as the basis of his allegations, Osmena was suspended
for 15 months for the serious disorderly behavior.

ISSUES:
1. Whether or not petitioner has complete parliamentary immunity as provided by the
Constitution.
2. Whether or not petitioner’s words constitute disorderly conduct.
3. Whether or not the taking up of other business matters bars the House from investigating the
speech and words of Osmena.
4. Whether or not the House has the power to suspend its members.

HELD:
1. Petitioner has immunity but it does not protect him from responsibility before the legislative
body itself as stated in the provision that “xxx shall not be questioned in any other place”.

2. What constitutes disorderly conduct is within the interpretation of the legislative body and not
the judiciary, because it is a matter that depends mainly on the factual circumstances of which
the House knows best. Anything to the contrary will amount to encroachment of power.

3. Resolution # 59 was unanimously approved by the House and such approval amounted to the
suspension of the House Rules, which according to the standard parliamentary practice may be
done by unanimous consent.

4. For unparliamentary conduct, members of the Congress have been, or could be censured,
committed to prison, even expelled by the votes of their colleagues.