National societies are therefore organizations that

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Unformatted text preview: orrupt Practices Act? A: Yes. In Paredes, Jr. v. Sandiganbayan, the Court held that the accused cannot validly argue that only his peers in the House of Representatives can suspend him because the court‐ordered suspension is a preventive measure that is different and distinct from the suspension ordered by his peers for disorderly behaviour which is a penalty. (Paredes, Jr. v. Sandiganbayan, GR 118354, August 8, 1995) Q: What are the two (2) requirements for the privilege of Speech and Debate to be availed of? A: 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. Note: To invoke the privilege of speech, the matter must be oral and must be proven to be indeed privileged. Q: What does speech or debate encompass? A: It 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. It also 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. L‐15905, August 3, 1966) Note: The purpose of the privilege is to insure the effective discharge of functions of Congress. The privilege may be abused but it is said that such is not so damaging or detrimental as compared to the denial or withdrawal of such privilege. Q: Does publication fall under the scope of speech? A: No, not all the time. 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. L‐15905, August 3, 1966) b. INCOMPATIBLE AND FORBIDDEN OFFICES Q: What are the p...
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This document was uploaded on 03/12/2014.

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