Mayor Binay's lawyer: Trillanes can’t invoke immunity vs libel raps

The camp of suspended Makati Mayor Junjun Binay on Thursday insisted that Sen. Antonio Trillanes IV cannot invoke his parliamentary immunity to escape a libel complaint against him.

In an interview after a preliminary investigation at the Department of Justice, Binay's lawyer, Claro Certeza, said lawmakers can only enjoy parliamentary immunity over matters involving their official functions.

"Kung babansagan mo ang isang tao na isang kriminal na lumabag sa batas, ibang usapan na iyon, because you are concluding already," the lawyer added.

"[Immunity involves] iyong ginagawa sa Kongreso. Ang immunity na iyan ay naga-apply lamang sa paggawa ng kanyang official functions. Ang official functions ng senador ay paggagawa ng batas, hindi ho mag-imbestiga at magsabi kung sino ang may kasalanan," said Certeza.

Article VI, Section 11 of the Constitution states that “A Senator or Member of the House of Representative 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.”

In his libel complaint, Binay alleged that Trillanes "publicly and maliciously" accused him and his family of bribery and other crimes of irregularities "without factual basis."

Binay's complaint cited an April 7 interview with Trillanes that he said was aired over several radio and TV programs and quoted in a Philippine Daily Inquirer report where the senator accused him of bribing members of the CA 6th Division "by paying them millions of pesos in exchange for favorable action" on the temporary restraining order against his suspension order.

On Thursday, Certeza reiterated that Trillanes has yet to present any evidence to prove his claim that two Court of Appeals justices have been bribed to stop Binay's preventive suspension by the Ombudsman.

"[But] we will let the prosecutor decide on [the issue of evidence]. Siya po ang magdedesisyon diyan," said Certeza as he expressed confidence that their libel complaint would stand and eventually get elevated in court.

In his counter-affidavit, Trillanes claimed an "informant approached and informed”  him and gave details about the alleged bribery transaction involving a prominent lawyer and at least two CA justices.

“Respondent (Trillanes) sought to verify and/or validate the said information through other resource persons and was able to obtain confirmation from another credible source,” read the lawmaker’s counter-affidavit.

Trillanes also insisted his claims on bribery were part of his “oversight and investigation” function as a senator, quoting Eric Peterson, a specialist in American National Government of the Congressional Research Service (CRS) of the United States, the country from where the Philippines patterned our bicameral form of legislature. —KBK/JJ, GMA News