However no forfeiture shall take place if the member

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Unformatted text preview: against prosecutions for their own benefit, but to enable them, as the people’s representatives, to perform the functions of their office without fear of being made responsible before the courts or other forums outside the congressional hall. It is intended to protect members of congress against government pressure and intimidation aimed at influencing the decision‐making prerogatives of Congress and its members. (Pobre v. Sen. Defensor‐Santiago, A.C. No. 7399, Aug. 25, 2009) Q: Is Congress considered in session during a recess? A: No. It is not in session. During a recess, a congressman who has committed an offense POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LEGISLATIVE DEPARTMENT punishable by not more than 6 years imprisonment may be arrested. Q: Is there immunity from searches? A: No. The Constitution provides only a privilege from arrest in order to ensure the attendance of Congressmen. Q: What is legislative privilege? A: 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; Pobre v. Sen. Santiago, A.C. No, 7399, August 25, 2009) Q: What are the limitations on legislative privilege? A: 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. Q: Can the Sandiganbayan order the preventive suspension of a Member of the HoR being prosecuted criminally for the violation of the Anti‐Graft and C...
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This document was uploaded on 03/12/2014.

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