Case Digest Osmena vs Pundatun Espinosa

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Transcript of Case Digest Osmena vs Pundatun Espinosa

Legislative Dept.---Parliamentary ImmunityG.R. No. L-17144 October 28, 1960 SERGIO OSMEA, JR.,petitioner,vs. PENDATUN et. al., respondents. Ponente: BENGZON,J.Facts: On June 23, 1960, Congressman Sergio Osmena Jr. delivered a privileged speech entitled A Message to Garcia where he claimed to have been hearing of ugly reports that the under the administration of President Garcia, there has been selling free things at premium prices. He also claimed that even pardons are for sale regardless of the gravity of the case. Subsequently, House Resolution No. 59 was passed by the House of Representatives creating a special committee of 15 Members to investigate the allegations that if his allegations were found to be baseless and malicious, he may be subjected to disciplinary actions by the lower house. After congressman Osmena refused to produce evidence to substantiate his imputations, the special committee found the congressman guilty of serious disorderly behavior and suspended him from office for 15 months. Congressman Osmea avers that the Resolution No. 59 violates his parliamentary immunity for speechesdelivered in Congress.Congressman Salipada Pendatun filed an answer where he averred that the Supreme Court has no jurisdiction over the matter and Congress has the power to discipline its members.

Issue: Whether or not there is an infringement of parliamentary privilege of speech.

Held: There was no infringement. Sec 11 Art VI of the Constitution provides that 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. Although exempt for prosecution or civil action for words uttered in Congress, the members may nevertheless be questioned by Congress itself. The parliamentary immunity 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 is does not protect him from responsibility before the legislative body itself whenever his words and conduct are considered by the latter disorderly or unbecoming a member thereof. Therefore, Osmeas petition is dismissed.