Osmena, Jr. Vs. Pendatun, et al.

No. L-17144 - October 28, 1960

Facts:
On the 23rd day of June 1960, Cong. Sergio Osmena, Jr. delivered a privilege speech
entitled, A Message to Garcia. The speech accused the administration of the President
as anomalous and unjust. In reaction to such, the House of Representatives created a 15man special committee to investigate the allegations thrown by Cong. Osmena. Said
committee, created by House Resolution No. 59, was authorized to summon the petitioner
to appear before it and substantiate his claims, as well as issue subpoenas and/or
subpoena duces tecum to require the attendance of of witnesses and/or the production of
pertinent documents. If he fails to do so, the petitioner is required to show cause why he
should not be punished by the House. Congressman Osmena, Jr. petitioned for a
certiorari, declaratory relief and prohibition with preliminary injunction. The petitioner
asked that House Resolution No. 59 be annulled for infringing his parliamentary
immunity. In addition, he ascertained that his words constituted no actionable conduct
and that the House took up other business subsequent to the alleged objectionable speech.
For failing to produce evidence after making imputations against the President, the House
suspended the petitioner from office for 15 months, for seriously disorderly behavior.
Issue:
Whether or not the disciplinary action brought by the House against the petitioner is a
violation of Article VI Section 16 (3) of the 1987 Constitution
Held:
Negative. The House of Representatives is the judge of what constitutes disorderly
behaviour which comes the power to suspend its members as a form of disciplinary
action. The petitioner was found guilty of serious disorderly behaviour for making basis
in truth and in fact, scurrilous, malicious, reckless, and irresponsible charges againts the
President of the Philippines. Pursuant to separation of powers, the courts will not assume
a jurisdiction in any case which will amount to an interference by the judiciary to the
legislative department. While guaranteed complete freedom of expression, personal
attacks against the Chief Executive constitutes unparliamentary conduct or breach of
order.