Festin V Morfe

GR No. L 34022, 24 Mar 1972

FACTS:

- Manuel Martinez Y Festin and Fernando Bautista were delegates of the 1972 Con. Convention.
- Martinez was accused of falsification of public document changing his birthdate to June 20, 1945
(actual birthdate is June 20, 1946). Offense is punishable by prision mayor.
- Bautista was accused of violating the revised electoral code. Offense is punishable not higher
than prision mayor.
- Both cases were considered as criminal charges
- They were both arrested while the Con Con is in session.
- Their contention is that under the 1935 Constitution, they are immune from arrest and search
pursuant to Sec 15 of RA 6132 (Constitutional Convention Act of 1971), in relation to Sec 15 of
Art. 6 of th4e 1935 Constitution and Art 145 of the RPC.

ISSUE:

- W/N the delegates are immune from arrest

RULING:

- No, they are not immune from arrest. As made clear in the Section 15 of Art 6, the immunity
from arrest does not cover any prosecution for treason, felony and breach of peace. Both cases
fall under breach of peace which covers any offense whether defined by the RPC or any special
statute. It is a well settled-principle in public law that the public peace must be maintained and
any breach thereof renders one susceptible to prosecution.
- Immunity from arrest is only applicable to civil arrests (excludes treason, felony and breach of
peace).