QCPD insists Bingbong Crisologo not covered by parliamentary immunity when arrested

The chief of the Quezon City Police District (QCPD) on Tuesday insisted that Quezon City Representative Vincent "Bingbong" Crisologo was not covered by parliamentary immunity when he was arrested for alleged vote buying on the eve of the May 13 elections.

QCPD director Brigadier General Joselito Esquivel Jr. turned up at the meeting of the House Committee on Public Safety and Order to testify at the panel's inquiry on Crisologo's arrest.

During his testimony, Esquivel claimed that Crisologo himself pointed out Congress is no longer in session as it adjourned from February 9 to May 19, 2019.

"Therefore, he is no longer covered by parliamentary immunity at the time of his arrest," he said.

House panel probes arrest of QC Rep. Bingbong Crisologo on the eve of the May 13 elections for alleged vote buying. @gmanews pic.twitter.com/IWRtzqUZXi

— Erwin Colcol (@erwincolcol) May 28, 2019

Under Article VI, Section 11 of the 1987 Constitution, members of Congress facing offenses punishable by not more than six years imprisonment will be privileged from arrest while Congress is in session.

Crisologo was arrested for violation of the Election Code for alleged vote buying and selling, obstruction of justice, unjust vexation, disobedience and resistance, direct assault upon an agent of person in authority, and illegal detention.

But the lawmaker asserted that Congress was still in session when he was arrested, as the committee meetings were still being held during the period of congressional recess from February 9 to May 19.

"Last Wednesday, we adjourned our session at 7 o'clock in the evening. We adjourned to resume on Monday at 3 o'clock in the afternoon. Yesterday, we adjourned again at seven in the evening and session to be resumed at 3 o'clock this afternoon," he said.

"Does it mean to say that following the conclusion of Gen. Esquivel that we do not have parliamentary immunity because we adjourned?" he added.

Esquivel replied: "I cannot arrest you if you have not committed a crime."

Surigao del Sur Representative Prospero Pichay backed Crisologo's assertions, saying that under the Constitution, Congress is only not in session when they adjourn "sine die," that is 30 days before the opening of the next regular session.

"If you bother to read Article VI, Section 15 of the Constitution, it says, 'Congress shall convene once every year on the fourth Monday of July for its regular session, unless a different date is fixed by law, and shall continue to be in session for such number of days as it may determine until 30 days before the opening of its next regular session, exclusive of Saturdays, Sundays, and legal holidays,'" Pichay said.

"In other words, Congress is not in session when we adjourn sine die. We did not adjourn sine die. So he was still immune from arrest," he added.

Crisologo was released on Election Day itself and was able to vote, but he eventually lost his mayoralty bid to outgoing Quezon City Vice Mayor Joy Belmonte. — RSJ, GMA News