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Maritnez v. Morfe SCRA
Maritnez v. Morfe SCRA
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3 Its possession have allegedly begun in 1912 and its sales application
having been filed in 1920.
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L-34022
L-34046-7
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FERNANDO, J.:
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9 Petition for the Writs of Habeas Corpus and Certiorari, pars. 1-8.
10 Fernando Bautista, Sr. v. Hon. Francisco Ma. Chanco, L-34046 and
L-34047.
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vision likewise filed on the same date. His petition was duly
heard on September 14, 1971, Delegate Estanislao A.
Fernandez vehemently pressing his claim to immunity.
Thereafter on October 29, 1971, a memorandum,
comprehensive in scope and persuasive in its analysis of the
constitutional question presented, was filed on behalf of
respondent Judge Morfe by Solicitor General Felix Q.
Antonio, two Assistants Solicitors General Bernardo P.
Pardo and Rosalio A. de Leon as well as Solicitor Vicente V.
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the peace’ was drawn, and leave no doubt that the words
were used in England for the very purpose of excluding all
crimes from the operation of the parliamentary privilege,
and therefore to leave that privilege
23 to apply only to
prosecutions of a civil nature.” Story’s treatise on the
Constitution was likewise cited, his view on the matter
being quite emphatic: “Now, as all crimes are offenses
against the peace, the phrase ‘breach of the peace’ would
seem to extend to all indictable offenses, as well those which
are in fact attended with force and violence, as those which
are only constructive breaches of the peace of 24 the
government, inasmuch as they violate its good order.”
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25 P. 175 (1922).
26 2nd ed., p. 613 (1929).
27 I Cooley, A Treatise on the Constitutional Limitations, 8th ed., p. 274
(1927).
28 Art. 145 of the Revised Penal Code insofar as pertinent reads as
follows: “Violation of parliamentary immunity.—The penalty of prision
mayor shall be imposed upon any person who shall use force, intimidation,
threats, or fraud to prevent any member of the National Assembly from
attending the meetings of the Assembly or of any of its committees or
subcommittees or divisions thereof, from expressing his opinions or casting
his vote; * * *.”
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Petitions dismissed.
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