Privilege speech immunity is absolute – Senate

A total of 19 senators have signed a resolution expressing the sense of the Senate that absolute parliamentary immunity for speeches delivered in the Senate must be upheld and protected at all times.

Senate Resolution 697 was apparently prepared by Sen. Antonio Trillanes IV, who is facing a charge of inciting to sedition based on a privilege speech he delivered in October last year.

Under the resolution, it was noted that the immunity of legislators from suit based on speeches delivered while Congress is in session is guaranteed under the Constitution.

It cited how the framers of the Constitution explained that the purpose of this provision is

to ensure the effective discharge of legislative functions by a member of Congress, acting as his conscience and duty should dictate, free from vindictiveness or from the haunting fear that its most innocuous expressions may at any time afterwards place him in jeopardy of punishment.

The resolution cited a number of cases where the immunity of legislators was upheld and its purpose justified.

“Only Congress can take disciplinary action against its own members for unparliamentary conduct or disorderly behavior, consistent with the Constitution’s recognition of the legislature’s autonomy, both in formulation and application of its own rules,” the resolution stated.

“The Senate must thwart any attempt to diminish its members’ constitutionally guaranteed right to parliamentary immunity and privilege from arrest as it is only with the fullest liberty of speech that legislators can effectively discharge their mandate,” it added.

Senate President Aquilino Pimentel III did not sign the resolution because he was not able to read it.

Pimentel maintained that the immunity enjoyed by legislators is not absolute because “you can be disciplined by your peers.”

Even though the resolution has 19 signatures, Pimentel said that it would not carry any weight and would just be treated like a draft unless it is adopted in plenary.

Senate Majority Leader Vicente Sotto III said that he did not sign the resolution because it could be misused.

Apart from Pimentel and Sotto, Sens. Richard Gordon and Francis Escudero also did not sign the resolution.