Case Summary (G.R. No. L-34022)
Factual Background of Bautista, Sr.
Bautista, Sr. took office as a Convention delegate on June 1, 1971. Two criminal complaints under the Election Code were filed against him by a defeated aspirant for distributing free goods at public meetings. After a preliminary investigation, the trial court issued warrants of arrest. Bautista invoked his claimed immunity in an August 14, 1971 motion; the court deferred but ultimately denied relief and ordered his arrest. He filed petitions for certiorari and prohibition on September 15, 1971.
Legal Issue: Scope of Parliamentary Immunity
Both petitioners contended that, as Convention delegates entitled to parliamentary immunities, they were immune from arrest except for treason, felony, and breach of the peace. They argued that Article 145 of the Revised Penal Code further expanded this immunity by penalizing officials who arrested legislators for offenses punishable by less than prision mayor. The Solicitor General maintained that the constitutional immunity applies only to civil arrests and that any broader grant in the Penal Code is inoperative.
Constitutional Provision and Textual Scope
Section 15, Article VI of the 1935 Constitution exempts legislators from arrest “in all cases except treason, felony, and breach of the peace.” A felony is defined as any act or omission punishable by law, and breach of the peace covers all offenses against public order. The immunity therefore does not extend to criminal prosecutions.
Constitutional Convention Debates and American Precedent
The 1934–1935 Convention adopted language mirroring the Philippine Autonomy Act and the U.S. Constitution. Debate records show that delegates understood “treason, felony, and breach of the peace” to exclude all criminal offenses. U.S. jurisprudence (e.g., Williamson v. United States, 1908) confirms that this phrase leaves only civil processes within its protection.
Inconsistency of Article 145, Revised Penal Code
Article 145 RPC, enacted in 1932, predates the 1935 Constitution. Under the transitional clause of the Constitution, preexisting laws remain operative only if consistent with the Constitution. Article 145’s attempted expansion of immunity to cover certain criminal arrests conflicts with the clear constitutional text and purpose. Supreme Court precedents (People v. Linsangan; De los Santos v. Mallare) hold that statutes inconsistent with the Constitution become inoperative upon inauguration of the Commonwealth.
Policy Considerations and Public Interest
While preserving legislative independence is vital, granting absolute immunity from criminal arrest would create
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Procedural History
- Two separate petitions for certiorari (and habeas corpus in Festin’s case) were filed before the Supreme Court:
• G.R. No. L-34022 by Manuel Martinez y Festin against Judge Jesus P. Morfe and the City Warden of Manila.
• G.R. Nos. L-34046-47 by Fernando Bautista, Sr. against Judge Francisco Ma. Chanco. - Festin’s habeas corpus petition became moot upon his release on bail; his case proceeded as certiorari only.
- Bautista’s petitions sought certiorari and prohibition to quash warrants of arrest.
- Both matters were fully argued, with memoranda filed by the Solicitor General, the Convention’s Committee on Legal Affairs, and petitioners’ counsel.
Facts of Petitioners
- Manuel Martinez y Festin
• Delegate to the 1971 Constitutional Convention; born June 20, 1946.
• Charged June 10, 1971 with falsification of a public document (certification of birthdate).
• Moved to quash information and warrant; motions denied on August 21, 1971.
• Refused to post bond; arrested September 6, 1971 while en route to Convention session; arraigned September 9 and released on bail September 11, 1971. - Fernando Bautista, Sr.
• Elected delegate to the 1971 Constitutional Convention; assumed office June 1, 1971.
• Two election offense complaints filed directly in CFI of Baguio and Benguet on alleged distribution of food, drinks, and cigarettes.
• Invoked immunity August 14, 1971; hearing held August 23, 1971, but warrant of arrest issued same day.
• Motion to quash arrest order denied September 11, 1971; petition for certiorari and prohibition filed September 15, 1971.
Constitutional and Statutory Provisions
- 1935 Constitution, Article VI, Section 15
• Senators and Representatives privileged from arrest “except treason, felony, and breach of the peace” during sessions and traveling to/from sessions. - Republic Act No. 6132 (1970), Section 15
• Extends parliamentary immunities of Members of Congress to Constitutional Convention delegates; incorporates penalties in Revised Penal Code Articles 143–145. - Revised Penal Code, Article 145
• Penalizes any public officer or employee who, during sessions of Congress, arrests or searches a member except when the member has committed a crime punishable by a penalty higher than