After sedition case vs. Trillanes, 19 senators insist parliamentary immunity for speeches delivered in Congress

Following the filing of sedition charges against Senator Antonio Trillanes IV, at least 19 senators signed Wednesday a resolution stating that the absolute parliamentary immunity for speeches delivered in the Senate must at all times be upheld and protected.

In Senate Resolution 697, the senators said members of Congress may not be prosecuted for any words spoken in speech or debate made in the exercise of their functions during session, whether in their respective chambers, in joint assembly, or in committee hearings.

They cited Section 11, Article VI of the Constitution which states, in part, that, “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.”

They said the framers of the Constitution explained that the purpose of the privilege 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 fear of punishment.

They added that only Congress can take disciplinary action against its own members for unparliamentary conduct or disorderly behavior, consisted with the Constitution’s recognition of the legislature’s autonomy.

“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,” they said.

Last week, the Pasay City Prosecutor's Office filed charges of inciting to sedition against Trillanes for allegedly encouraging the military to shoot President Rodrigo Duterte.

The complaint stemmed from a privilege speech made by the senator in October 2017, where he accused Duterte of having bank transactions of more than P2 billion from 2006 to 2015.

"Kung makikita ito ng mga sundalo, M-60 ang gagamitin sa'yo kasi marami-rami ito. Mauubos yung magasin, kung P40 million yung hinahanap mo," Trillanes had said, though he did not make a direct statement for soldiers to shoot their commander-in-chief.

The opposition senator was referring to Duterte's own statement to soldiers in October, in which he told them to shoot him if it could be proven that his lifetime savings exceeded P40 million.

The resolution was signed by Minority Leader Franklin Drilon, Senators Paolo Benigno Aquino IV, Francis Pangilinan, Risa Hontiveros, Leila de Lima, Antonio Trillanes IV, Ralph Recto, Sonny Angara, Nancy Binay, Joseph Victor Ejercito, Sherwin Gatchalian, Gregorio Honasan II, Panfilo Lacson, Loren Legarda, Manny Pacquiao, Grace Poe, Joel Villanueva, Cynthia Villar, and Juan Miguel Zubiri.

Needs approval

Senate President Aquilino Pimentel III said he has yet to read the resolution.

“Hindi ko pa nababasa. But anyway, siguro mabibilang lang sa dalawang kamay ‘yung mga resolutions na napipirmahan ko so by not signing a resolution is not really out of the ordinary,” he said.

But Pimentel believes that senators have parliamentary immunity when they deliver speeches.

“Oo, may parliamentary immunity (but it is not absolute) kasi you can be disciplined by your peers,” he said.

He said the resolution has to be approved on the floor.

“No matter how many signatures are there unless hindi napagbotohan dito wala ‘yun, it’s just a draft,” he said.

Aside from Pimentel, Majority Leader Vicente Sotto III, and Senators Richard Gordon and Francis Escudero have yet to sign the resolution. — RSJ, GMA News