Thursday, April 21, 2011

Case Digest: Osmeña, Jr. vs. Pendatun, et. al.

G.R. No. L-17144               28 October 1960               

Ponente: Bengzon, J.

FACTS:

Congressman Osmeña took the floor on the one-hour privilege to deliver a speech, entitled ‘A Message to Garcia’ wherein said speech contained serious imputations of bribery against the President.  Being unable to produce evidence thereof, Osmeña was then found to be guilty of serious disorderly behaviour by the House of Representatives.  Osmeña argues that the Constitution gave him complete parliamentary immunity, and so, for words spoken in the House, he ought not to be questioned.

ISSUE:

Whether said disciplinary action by the House is in violation of Section 15, Article VI of the Constitution.

RULING:

Said disciplinary action is not in violation of the Constitution.  Section 15, Article VI of the Constitution provides that “for any speech or debate in Congress, the Senators or Members of the House of Representative shall not be questioned in any other place.”  Although exempt from prosecution or civil actions for their words uttered in Congress, the members of Congress may, nevertheless, be questioned in Congress itself.  Observe that “they shall not be questioned in any other place” in Congress.

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