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BY AYIN DREAM D. APLASCA
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Friday, November 10, 2017
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PRIVILEGE speech is one of the parliamentary privileges enjoyed by members of Congress. This privilege is provided for in Section 11, Article VI of the 1987 Philippine Constitution.
In the case of Sergio Osmeña Jr. vs. Salipada K. Pindatun, et al. (G.R. No. L-17144, Oct. 28, 1960), the Supreme Court defined the purpose of the privilege speech:
“xxx its purpose is to enable and encourage a representative of the public to discharge his public trust with firmness and success for its indispensably necessary that he should enjoy the fullest liberty of speech, and that he should be protected from the resentment of everyone, however, powerful, to whom the exercise of that liberty may occasion.”
Thus, privilege speech is a privilege availed by almost all members of Congress. Last month, Sen. Antonio Trillanes VI took advantage of this. In his speech, he encouraged the military to kill President Rodrigo Duterte.
Now, the question is: Does the expression of the senator fall under freedom of speech and covered by the said privilege? I don’t think so.
The mere expression does not fall under freedom of speech because it is already inciting sedition. Under Article 142 of the Revised Penal Code (RPC), inciting sedition is speech “which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices.”
This provision means that “stirring up the people” against the government or “disturbing the peace of the community” by circulating lies which cause them to dislike those in power is punishable by imprisonment.
In the case of the senator, he crossed the line already. He was attempting to cause the public to endanger the President or the government.
It is true that privilege speech guarantees lawmakers the freedom of speech without fear of being made responsible in criminal or civil actions before the courts or any other medium outside of the Senate. But this is not absolute and does not protect him from responsibility before the legislative body and to the public as well as to the courts once he or she has crossed his or her boundaries and when his conduct and speech are considered disorderly or unbecoming to a member hereof.
Let us not abuse our rights. Every right has a limitation.
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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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