Vsandiganbayan gr118354august81995 q what are the two

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Unformatted text preview: the distribution of the additional seats as found in the second clause of Section 11 (b) of RA 7941. The two percent threshold presents an unwarranted obstacle to the full implementation of Section 5(2), Article VI of the Constitution and prevents the attainment of the “broadest possible representation of party, sectoral or group interests in the House of Representatives”. (BANAT v. COMELEC, G.R. No. 179271, April 21, 2009) LEGISLATIVE PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS a. PARLIAMENTARY IMMUNITIES AND LEGISLATIVE PRIVILEGES Q: What is immunity from arrest? 24 A: Legislators are privileged from arrest while Congress is “in session” with respect to offenses punishable by up to 6 years of imprisonment. Q: What is the purpose of parliamentary immunities? A: It is not for the benefit of the officials; rather, it is to protect and support the rights of the people by ensuring that their representatives are doing their jobs according to the dictates of their conscience. It is indispensable no matter how powerful the offended party is. Q: May a congressman who committed an offense punishable for not more than 6 years, but is not attending session, be arrested? A: No. So long as he is an incumbent congressman, and so long as Congress is in session, whether or not he is attending it, he shall be immune from arrest. (People of the Philippines v. Jalosjos, G.R. Nos. 132875‐76, February 3, 2000). Q: Can a senator‐lawyer be disbarred or disciplined by the Supreme Court for statements made during a privilege speech? A: No. Indeed, the senator‐lawyer’s privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of Court. The Court, however, would be remiss in its duty if it let the Senator’s offensive and disrespectful language that definitely tended to denigrate the institution pass by. It is imperative on the Court’s part to re‐instill in Senator/Atty. Santiago her duty to respect courts of justice, especially this Tribunal, and remind her anew that parliamentary non‐accountability thus granted to members of Congress is not to protect them...
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