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LEGISLATIVE DEPT.

: PRIVILEGE OF SPEECH
Osmena v. Pendatun
109 Phil. 863 Political Law The Legislative Department Parliamentary Immunity
FACTS: In June 1960, Congressman Sergio Osmea, Jr. delivered a speech entitled A Message to Garcia. In
the said speech, he disparaged then President Carlos Garcia and his administration. Subsequently, House
Resolution No. 59 was passed by the lower house in order to investigate the charges made by Osmea during
his speech and that if his allegations were found to be baseless and malicious, he may be subjected to
disciplinary actions by the lower house.
Osmea then questioned the validity of the said resolution before the Supreme Court. Osmea avers that the
resolution violates his parliamentary immunity for speeches delivered in Congress. Congressman Salipada
Pendatun filed an answer where he averred that the Supreme Court has not jurisdiction over the matter and
Congress has the power to discipline its members.

ISSUE: Whether or not Osmeas immunity has been violated?

HELD: No. Section 15, Article VI of the 1935 Constitution enshrines parliamentary immunity upon members of
the legislature which is a fundamental privilege cherished in every parliament in a democratic world. It guarantees
the legislator complete freedom of expression without fear of being made responsible in criminal or civil actions
before the courts or any other forum outside the Hall of Congress. However, it does not protect him from
responsibility before the legislative body whenever his words and conduct are considered disorderly or
unbecoming of a member therein. Therefore, Osmeas petition is dismissed.