#philippinelaw #criminallaw #libel #parliamentaryimmunity #privilegeofspeechanddebate
Basis: Article 6, Section 11 of the 1987 Constitution which states:
A Senator or Member of the House of Representatives shall, in all offenses 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 the Congress or in any committee thereof.
Fiscal EJ
Run time: 05:29
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00:00.0
Kung paano ginamit ni Sen. Aguila ang bulag na paniniwala para linlangin ang mga miyembro ng kanyang ulto, ganoon din ginamit at patuloy na ginagamit ni Apolo Quiboloy ang bulag na paniniwala para abusuhin ang mga miyembro ng Kingdom of Jesus Christ.
00:23.0
There are many things that I have uncovered in the course of preparing for this hearing. May ebidensya tayo ng panggagahasa sa menor de edad, ng pisikal na pang-aabuso sa mga mismong tagapagsunod nila, kagaya ba naman ang paglagay ng sili sa mata at ari at pagbagok ng ulo sa pader,
00:47.6
ng sapilitang panggagamit sa mga bata na manlimosan.
00:53.0
Ang basic salary ko po is 10,598.98.
01:23.0
I think yung last ko pong recall, baka a little above 1 million lang.
01:27.6
Oh, tangina! Ay, bullshit! Ay, sorry.
01:30.1
Pinapilin nyo ng suka dyan sa sari-sari store at nakita ng padrino, talika rito, pasok ka sa pag-court, pinasok, and niya tatanggap ng 208,000, samantalang ito, sila, 10, 27 years, 12 years, below minimum wage.
01:45.2
Hindi ba kabalas to ganyan?
01:46.8
At kayo-kayo dyan sa board ang nagdidesign pala!
01:50.0
It is a common occurrence.
01:53.0
Senators utter what appears to be defamatory statements during investigations in aid of legislation.
02:00.7
In the case of Senator Ontiveros, she minced no words accusing Pastor Apollo Quiboloy of sexually abusing women members of his church.
02:10.3
And in the case of Senator Rafi Tulfo, you often see him lambast and berate resource speakers during committee hearings.
02:18.6
Before condemning these senators for their libelous and insubstantiality,
02:23.0
allow me to make a short discussion on the so-called privilege of speech and debate, which is an aspect of parliamentary immunity.
02:34.8
Ano ba ang ibig sabihin ng privilege of speech and debate?
02:38.8
Members of Congress cannot be prosecuted for any words spoken in debate or in connection with voting or used in written reports or with things generally done in a session of either house,
02:52.2
in relation to the business before it.
02:55.8
This protection is extended to them during the session on the occasion of the exercise of their functions,
03:04.1
either in their respective chambers or in joint assembly, or in committees or commission.
03:11.4
The purpose of this privilege of speech or debate is not to protect the members against prosecutions for their own benefit,
03:20.5
but to enable them as representatives of the people to execute the functions of their office without fear of prosecution, civil or criminal.
03:32.4
As held in the case of Osmeña v. Pendaton,
03:36.7
its purpose is to enable and encourage a representative of the public to discharge his public trust with firmness and success,
03:46.4
for it is indispensably necessary that he should,
03:50.5
enjoy the fullest liberty of speech and that he should be protected from the resentment of everyone however powerful to whom the exercise of that liberty may occasion.
04:03.6
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.
04:20.5
what does this mean?
04:22.1
the speech made by a member of Congress inside the halls of Congress
04:28.7
could be libelous or defamatory
04:32.0
for as long as it is connected with the performance of the functions of his office,
04:38.2
he will not be held liable for such crime.
04:43.1
But it does not protect him from responsibility before the legislative body itself,
04:49.7
whenever his words and conduct are considered by the latter disorderly or unbecoming to a member thereof.
04:59.9
while a member of Congress enjoys fullest liberty of his freedom of speech for so long as the words uttered by him or spoken by him or written by him
05:11.9
are in relation to ongoing legislation or in relation to something that they are investigating,
05:19.7
that lawmaker or legislator or member of Congress will not be held liable for libel.
