Legislative immunities and privileges

Legislative Immunities and Privileges

Immunity from Arrest

Legislative Privilege
Privilege of Speech and Debate
Immunity from Arrest
Members of the legislature are privileged from arrest while
Congress is in session with respect to offenses punishable
by up to 6 years of imprisonment. (Art. VI, Section 11)

Purpose of the immunity is not for the benefit of the

officials; rather, it is to protect and support the rights of the
people by ensuring that their representatives are doing their
jobs according to the dictates of their conscience. It is
indispensable no matter how powerful the offended party
is. (People of the Philippines v. Jalosjos, G.R. Nos.
13287576, February 3, 2000 )
Legislative Privilege
no member shall be questioned or held liable in any
forum other than his/her respective Congressional
body for any debate or speech in Congress or in
any committee thereof. (Sec. 11, Article VI)
 a senatorlawyer cannot be disbarred or
disciplined by the Supreme Court for statements
made during a privilege speech. The
senatorlawyers privilege speech is not actionable
criminally or in a disciplinary proceeding under the
Rules of Court. (Pobre v. Sen. Santiago, A.C. No,
7399, August 25, 2009)
Limitations to the Legislative Privilege

1. Protection is only against forum other than

Congress itself. Thus, for defamatory remarks, which
are otherwise privileged, a member may be
sanctioned by either the Senate or the House as the
case may be.
2. The speech or debate must be made in
performance of their duties as members of
Congress.
Preventive Suspension
a Member of the HoR being prosecuted criminally
for the violation of the AntiGraft and Corrupt
Practices Act, the Court held that the accused cannot
validly argue that only his peers in the House of
Representatives can suspend him because the
courtordered suspension is a preventive measure
that is different and distinct from the suspension
ordered by his peers for disorderly behavior which
is a penalty. (Paredes, Jr. v. Sandiganbayan, GR
118354, August 8, 1995)
Privilege of Speech and Debate
1. That the remarks must be made while the
legislature or the legislative committee is
functioning, that is in session
2. That they must be made in connection with the
discharge of official duties.
 Speech or debate includes a vote or passage of a
resolution, all the utterances made by Congressmen in
the performance of their functions such as speeches
delivered, statements made, or votes casts in the halls
of Congress.
Includes bills introduced in Congress (whether or not it is
in session) and all the other utterances (made outside or
inside the premises of Congress) provided they are
made in accordance with a legislative function.
(Jimenez, v. Cabangbang, G.R. No. L15905, August 3,
1966)
 Publication does not at all times fall under the
scope of speech. The same shall be made while
Congress is in session and not during its recess.
However, if publication is made when Congress is
not in session, it is not privileged because
Congressman is said to be not acting as
congressman. (Jimenez, v. Cabangbang, G.R. No.
L15905, August 3, 1966)
Legislative Oversight & investigation
Legislative Oversight
the power of oversight embraces all activities
undertaken by Congress to enhance its
understanding of and influence over the
implementation of legislation it has enacted.
The power of oversight has been held to be intrinsic
in the grant of legislative power itself and integral
to the checks and balances inherent in a democratic
system of government.
Purposes:
monitor bureaucratic compliance with program
objectives
to determine whether agencies are properly
administered
to eliminate executive waste and dishonesty
to prevent executive usurpation of legislative
authority
to assess executive conformity with the congressional
perception of public interest.
CATEGORIES
Supervision
Scrutiny
Investigation
Legislative Supervision
connotes a continuing and informed awareness on
the part of a congressional committee regarding
executive operations in a given administrative area
Scrutiny
primarily intended to determine economy and
efficiency of the operation of government activities,
exercised through budget hearings, the question
hour and the power of confirmation
Legislative Investigation
investigation, which is also known as the inquiry in
aid of legislation.

SECTION 21. The Senate or the House of

Representatives or any of its respective committees
may conduct inquiries in aid of legislation in
accordance with its duly published rules of procedure.
The rights of persons appearing in or affected by
such inquiries shall be respected.
Limitations
it must be in aid of its legislative functions,
it must be conducted in accordance with duly
published rules of procedure, and
the persons appearing therein are afforded their
constitutional rights, including the right to be
represented by counsel and the right against self-
incrimination.
 Even where the inquiry is in aid of legislation, there
are still recognized exemptions to the power of
inquiry, which exemptions fall under the rubric of
executive privilege.
Executive Privilege
the power of the Government to withhold
information from the public, the courts, and the
Congress or the right of the President and high-
level executive branch officers to withhold
information from Congress, the courts, and
ultimately the public.
Executive Privilege Protects Information

Executive privilege is properly invoked in relation to

specific categories of information and not to
categories of persons. Executive privilege, whether
asserted against Congress, the courts, or the public,
is recognized only in relation to certain types of
information of a sensitive character.
Matters covered
(1) Information between inter-government agencies
prior to the conclusion of treaties and executive
agreements;
(2) Presidential conversations, correspondences, and
discussions in closed-door Cabinet meetings; and
(3) Matters affecting national security and public
order.
Invocation of the Privilege
When an official is being summoned by Congress on a
matter which, in his own judgment, might be covered by
executive privilege, he must be afforded reasonable time to
inform the President or the Executive Secretary of the
possible need for invoking the privilege. This is necessary in
order to provide the President or the Executive Secretary
with fair opportunity to consider whether the matter indeed
calls for a claim of executive privilege. If, after the lapse of
that reasonable time, neither the President nor the Executive
Secretary invokes the privilege, Congress is no longer bound
to respect the failure of the official to appear before
Congress and may then opt to avail of the necessary legal
means to compel his appearance.
Privilege must be asserted
A claim of privilege, being a claim of exemption
from an obligation to disclose information, must be
clearly asserted. An implied claim of privilege is
invalid per se. The validity of claims of privilege
must be assessed on a case to case basis, examining
the ground invoked therefore, and the particular
circumstances surrounding it.
Question Hour
In a parliamentary system, it is a period of
confrontation initiated by Parliament to hold the
Prime Minister and the other ministers accountable
for their acts and the operation of the government,
corresponding to what is known in Britain as the
question period.
The 1987 Constitution removed the mandatory
nature of such appearance during the question hour
in the present Constitution so as to conform more
fully to a system of separation of powers
 SECTION 22. The heads of departments may upon their
own initiative, with the consent of the President, or upon
the request of either House, as the rules of each House
shall provide, appear before and be heard by such House
on any matter pertaining to their departments. Written
questions shall be submitted to the President of the
Senate or the Speaker of the House of Representatives at
least three days before their scheduled appearance.
Interpellations shall not be limited to written questions, but
may cover matters related thereto. When the security of
the State or the public interest so requires and the
President so states in writing, the appearance shall be
conducted in executive session.
 ection 21 (inquiry in aid of legislation) and Section 22
(question hour) of Article VI are closely related and
complementary to each other, but they do not pertain to the
same power of Congress.
One specifically relates to the power to conduct inquiries in
aid of legislation, the aim of which is to elicit information
that may be used for legislation, while the other pertains to
the power to conduct a question hour, the objective of which
is to obtain information in pursuit of the oversight function of
Congress.
While attendance was meant to be discretionary in the
question hour, it was compulsory in inquiries in aid of
legislation.