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Lawmakers' immunity from arrest for traffic offenses not a privilege, says Atienza


A party-list representative on Wednesday clarified that the immunity of lawmakers from arrest for minor traffic-related offenses is not a privilege but a provision of the 1987 Constitution.

In a press conference, Buhay party-list Representative and Deputy Minority Leader Lito Atienza pointed out that Majority Leader Rodolfo Farinas was not asking for a special favor when he urged traffic enforcement units to excuse members of Congress from being apprehended for violating traffic rules.

"Ang sinabi ni Rudy... may batas. Igalang natin. Hindi niya naman sinabi na bigyan niyo ng pribilehiyo ang mga congressman, wag huhulihan yan, hindi ganun e. He was trying to explain the constitutional provision," he said.

Atienza was referring to Article VI, Section 11 of the 1987 Constitution.

Section 11 states that, "A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. 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."

"I am not for or against congressman, or for that matter, any privilege. We should not be given any privilege, but we must also follow the law," he said.

"We are not defending the privilege, no privilege should be given. This is not a privilege, this is a provision of the Constitution," he added.

ACTS OFW party-list Representative John Bertiz shared Atienza's sentiment.

"Tama yung sinabi ng ating minority leader and deputy minority leader. Nasa Constitution yan e, we are not asking for special favor," he said.

Citing his personal experience, Bertiz said that it was actually ordinary people, not congressmen, who might have been using special privileges.

"Kahapon lang, sa isang parking lot ng isang mall dito sa Quezon City, ang kasabay ko ay isang sibilyan na naka-white Expedition, kumpleto ng wang-wang and blinker. Congressman ba yan, pulitiko ba yan? Hindi, sibilyan," he said.

"Kami nga, hindi naglalakas-loob na maglagay ng wang-wang at mga blinkers. The civilians themselves, ito yung mga maiingay sa social media, they are the ones who violate the law," he added.

Malacañang, for its part, said lawmakers are encouraged to follow the simple lifestyle of President Rodrigo Duterte.

“Regarding legislative officials having immunity. Just a short comment. The President himself continues to observe a modest lifestyle and he seeks no special treatment whether inside or outside the Palace,” presidential spokesperson Ernesto Abella said at a news briefing on Tuesday.

“We hope our colleagues in Congress, especially our allies, can bring themselves to do the same,” he added. — BAP, GMA News

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