Inyección Selectiva

C.1. PRIVILEGES

i. Salaries

The salaries of Senators and Representatives shall be determined by law; no increase in said compensation shall take effect until after the expiration of the full term of all the Members of the Senate and the House of Representatives approving such increase. [Art. VI, Sec. 10].

ii. Freedom from arrest

Sec. 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. […]

Preventive suspension is not a penalty. Order of suspension under R.A. 3019 (Anti- Graft and Corrupt Practices Act) is distinct from the power of Congress to discipline its own members, and did not exclude members of Congress from its operation. [Defensor- Santiago v. Sandiganbayan (2001)]

In People v. Jalosjos, G.R. No. 132875, February 3, 2000, the SC denied the request of Cong. Jalosjos that he be allowed to attend legislative sessions. The denial was premised on the following: (a) membership in Congress does not exempt an accused from statutes and rules which apply to validly incarcerated persons; (b) one rationale behind confinement is public self-defense; (c) it would amount to creation of a privileged class, without justification in reason; and (d) he was provided with an office in the New Bilibid Prison.

iii. Speech and debate clause

Sec. 11. […] 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.

To come under the guarantee the speech or debate" must be one made "in Congress or in any committee thereof." Publication of an allegedly libelous letter is not covered by the privilege. [Jimenez v. Cabangbang (1966)]; the immunity, although absolute in its protection of the member of Congress against suits for libel, does not shield the member against the disciplinary authority of the Congress. [Defensor-Santiago v. Pobre, AC 7399, 25 August 2009)]

Q: What speech is covered under this provision?

A: Generally anything a member of Congress says in line with his legislative function. (Jimenez v Cabangbang). In particular:

(1) speeches made, (2) utterances, (3) bills signed, and (4) votes passed.

C.2.

INHIBITIONS

AND

DISQUALIFICATIONS

(1) May not hold any other office or employment in the government during his term without forfeiting his seat. [Art. VI, Sec. 13]

The provision refers to an Incompatible Office. Forfeiture of the seat in Congress shall be automatic upon the member’s assumption of such office deemed incompatible. [Adaza v. Pacana, 135 SCRA 431 (1985)].

The office of the Philippine National Red Cross (PNRC) Chairman is not a government office or an office in a government-owned or controlled corporation for purposes of the prohibition in Section 13, Article VI. [Liban v. Gordon, G.R. No. 175352 (2009)] (N.B. The structure of the PNRC is sui generis being neither strictly private nor public in nature. [Liban v. Gordon, G.R. No. 175352 (2011)]

(2) May not be appointed to any office created or whose emoluments were increased during the term for which he was elected. [Art. VI, Sec. 13]

The provision refers to a Forbidden Office. He cannot validly take the office even if he is willing to give up his seat.

(3) Shall not be financially interested, directly or indirectly, in any contract with, or franchise or special privilege granted by the government during his term of office. [Art. VI, Sec. 14]

(4) Shall not intervene in any matter before any office of the government when it is for his pecuniary benefit or where he may be called upon to act on account of his office. [Art. VI, Sec. 14]

The Pork Barrel System “runs afoul” of Art. VI, Sec. 14 because in “allowing legislators to intervene in the various phases of project implementation – a matter before another office of government – [the Pork Barrel] renders them susceptible to taking undue advantage of their own office.” [Belgica, supra]

(5) Cannot personally appear as counsel before any court, electoral tribunal, quasi-judicial and administrative bodies during his term of office. [Art. VI, Sec. 14] N.B. Distinguish ineligible office (for elective officials) where the appointment is invalid since it is contrary to the Constitution, regardless if the official resigns or not (Sec 7, Art IX – B), and an incompatible office (for members of Congress and the Senate) where the appointment is valid and the official may hold the appointed office provided that he/she resigns his/her current office.

C.3. DUTY TO DISCLOSE

Sec. 17. A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.

What: Declaration under oath of assets, liabilities, and net worth

When:

(a) Upon assumption of office

(b) As often as may be required by law Who must declare:

(a) President (c) Vice-President

(d) Members of the Cabinet (e) Members of Congress

(f) Members of the Supreme Court

(g) Members of the Constitutional Commissions and other constitutional offices

(h) Officers of the Armed Forces with general or flag rank [Art. XI, Sec. 17]

(2) Financial and business interests: Members must make full disclosure upon assumption of office [Art. VI, Sec. 12]

Sec. 12. All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interests. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are authors.

(3) Potential conflicts of interest: Members must notify House, if conflict arises from the filing of a proposed legislation which they authored. [Id.]

(4) Amounts paid to/expenses incurred by each member: To be reported annually by the COA. [Art. VI, Sec. 20]

Sec. 20. The records and books of accounts of the Congress shall be preserved and be open to the public in accordance with law, and such books shall be audited by the Commission on Audit which shall publish annually an itemized list of amounts paid to and expenses for each Member.