Chapter 5 Written Report

PRIVILEGES, INHIBITIONS, AND DISQUALIFICATIONS

Rights and Privileges of Members of Congress

Right to a Wage
Article VI Section X of the 1987 Philippine Constitution
The salaries of Senators and Members of the House of Representatives shall be determined by law. No
increase in said compensation shall take effect until after the expiration of the full term of all the
Members of the Senate and the House of Representatives approving such increase.
In contrary to their wage they are obligated to be transparent under Article VI, Section 20 of
the 1987 Philippine Constitution which states:
The records and books of accounts of Congress shall be preserved and be open to the public in
accordance with law, and such books shall be audited by the Commission on Audit which shall
publish annually an itemized list of amounts paid to and expenses incurred for each Member.
Parliamentary Immunity
Parliamentary Immunity also known as Legislative immunity is a legal protection granted to members
of a legislature (such as a parliament or congress) that shields them from civil or criminal liability for
statements made or actions taken in the course of their legislative duties. This immunity allows
legislators to speak freely, debate issues openly, and make decisions without the fear of legal
repercussions, ensuring that they can effectively fulfill their roles as representatives of the people.
Immunity from Arrest is supported by the Article VI, Section 11 of the 1987 Philippine
Constitution
A Senator or Member of the House of Representatives shall, in all offenses be 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.
Freedom of speech without debate amd question is based on Rule XL, Section 110 Rules of the
Senate After the consideration of the matters contained in the Calendar for Special Orders, a Senator
may forthwith request for and avail of the privilege to speak for one (1) hour on any matter of public
interest.
The rationale of these privileges are emphasized in Osmeña v. Pendatun:
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.

PRECEDENTS AND PRACTICES

The following are some of the precedents and practices observed in the previous sessions of
Congress concerning the privilege speech:
When It Can and When It Cannot
A member availing himself of such a privilege was entitled to one full hour. Having
the floor on the privilege hour, he could not be forced to yield to interpellations.
On Request for Reservation
Based on an unwritten rule, backed by centuries of precedent, on a point of order, a
member who request a prior reservation over those who rise to the floor ahead of them should be
favored. A request for reservation to use the privilege hour on a future date made on the floor by a
member is recorded in the Journal.
Speech Decorum
A member, availing himself of the privilege hour, may refuse interpellations, but he
may be advised by the Chair not to use any improper language. He should use a language in
conformity with the decorum and dignity of the House.
Interpellation
A member having the floor to avail himself of the privilege hour may refuse to yield
to interpellation or yield for information. He cannot be forced to yield to another so that, in turn, the
latter can answer questions.
Precedence and Interruption
A member availing himself of the one-hour privilege may yield to further interpellation, but
he cannot be interrupted except by a point of order. He cannot be deprived of the floor except with his
consent, and he may deliver his speech in such manner as he pleases as long as he speaks with due
decorum.
Extension of Time
After a member has consumed the privilege hour, no extension of time for the
privilege can be granted if there is an objection to the motion for such extension.
An objection to a motion for extension of the one-hour privilege is not debatable.
Reference Speech
The Chair entertained a motion to refer a privilege speech to a committee after it had
been delivered on the floor.
Stricken Off the Record
During the privilege hour, the Chair motu proprio ordered stricken off the record the
word “dishonorable” uttered with reference to the members of the House by the member
interpellating.
Suspension, Inhibitions and Disqualifications
Art 6 . Sec. 12 and 14 of the Philippine Constitution.

 Section 12. All Members of the Senate and the House of Representatives shall, upon assumption
of office, make a full disclosure of their financial and business interests. They shall notify the
House concerned of a potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.
 Section 14. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may be called upon to
act on account of his office.
Suspension and Disqualification
- Suspension and Disqualification in the Philippine Congress ensures that the members of the
Congress can perform their duties with integrity and independence.
- Since it is a public trust to hold a public office. It was made in the people’s best interests and
for their benefit. As a result, a bearer of such an office is subject to whatever limits and
constraints the law may impose, and he can’t complain about any constraints on his holding
several offices imposed by public policy.
- “No Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.” (De
Leon & De Leon, 2014
Incompatible Offices
*These specific constitutional provisions emphasize that law is a full-time obligation and not a mere
sideline

 No Legislator is allowed to hold office or position in any government agency, including

government-owned or controlled corporations, without forfeiting his seat in the congress.
 It is not allowed have simultaneously holding of a government office and a seat in congress
Example of government-owned or controlled corporations (GOCCS):
Development Bank of the Philippines (DBM)
Land Bank of the Philippines
Philippine National Bank (PNB)
Social Security System (SSS)
Philippine Health Insurance Corporation (Philhealth )
National Power Corporation
The restriction against holding an incompatible office is not absolute; what is prohibited is the
simultaneous holding of that office and a seat in Congress. Any legislator may have another
government job or occupation as long as he does not lose his congressional seat as a result. Provided
it is only in ex officio function or its such function is connected with or in aid or in legislative duties.
Examples:
Member of Electoral Tribunal
Member of commission on appointment
Member of Judicial and Bar Council

FORBIDDEN OFFICES
1. When congress creates an office either civil or military, they cannot be appointed
2. Any office in which emoluments have been increased.
MANNER OF IMPOSING DISCIPLINE
Members of the Senate can be disciplined, suspended, or expelled under Section 16 (3) of Article VI
of the Constitution. It stipulates the following:
“Each House may determine the rules of its proceedings, punish its Members for disorderly behavior,
and with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days.” (De Leon & De Leon, 2014)
Congress relies on procedural rules to ensure smooth sessions. These rules, within the limits of
individual rights, are made and interpreted by each House and are not subject to court reversal. Each
House can penalize members with a majority vote, but the courts can intervene if expulsion or
suspension lacks a two-thirds majority or exceeds a 60-day limit. However, defining “disorderly
behavior” remains Congress’s prerogative and is generally not challengeable in court. Disciplinary
actions include expulsions, suspensions, word deletions, fines, imprisonment, and censure, often
termed “soft impeachment.” The Supreme Court respects Congress’s judgment on matters like
physical violence or derogatory comments as “disorderly behavior.”

Reporters:
Agno, Clarence John
Amosco, Jazmin Joy
Cajegas, Alywin Dylan
Catuday, Jessa Mae
Colico, Hope A.

QUIZ: 25 ITEMS
Results

NAME OF STUDENTS SCORE

Ablay, Antonio 15
Abug, Ma. Gillian Preciosa 16
Aljibe, Jerwin Lloyd 15
Arma, Geddon 20
Bagalay, Aldren 9
Barcelon, Cherry Mae 21
Basilia, Ma. Bernadette O. 20
Basijan, Sonia 12
Berongoy, Carl Andrie 22
Caliba, Trixie 15
Campomanes, Aimee 22
Capangpangan, John 21
Cantiga, Joana Marie 21
Cebreros, Peja Nestor 21
Cecogo, Kycee 14
Cidro, Kyla 18
Codoy, Ace Noroel 19
Codoy, Jim Christian 22
Discar, Jay 20
Doldolea, Elaisah Sophia 18
Esquierdo, Ruth 21
Gallego, Maria Christina 21
Globio, Rosemae 17
Montes, Claire Jasmine 22
Moscosa, James Joseph 20
Nabong, Marvin 22
Odal, Karen 21
Paragas, Aloisa Lyn 16
Sacmar, Merlita A. 16
Sim, Patricia 20
Tanglao, Angel 15
Triambulo, Wella Bianca 15
Trinidad, Theresa 20