Martinez v Morfe (1972) case digest

G.R. No. L-34022 March 24, 1972

MANUEL MARTINEZ Y FESTIN petitioner,

vs.

THE HONORABLE JESUS P. MORFE OF THE COURT OF FIRST INSTANCE OF MANILA, and THE CITY WARDEN OF MANILA, respondents.

G.R. Nos. L-34046-7         March 24, 1972

FERNANDO BAUTISTA, SR., petitioner,

vs.

HON. FRANCISCO MA. CHANCO, Presiding Judge, Court of First Instance of Baguio and Benguet, Second Judicial District, Branch III, et al., respondents.

FERNANDO, J.

FACTS:

The question raised in these certiorari proceedings is the scope to be accorded the constitutional immunity of senators and representatives from arrest during their attendance at the sessions of Congress and in going to and returning from the same except in cases of treason, felony and breach of the peace.

Petitioners Manuel Martinez y Festin and Fernando Bautista, Sr., as delegate of the present Constitutional Convention would invoke what they consider to be the protection of the above constitutional provision, if considered in connection with Article 145 of the Revised Penal Code penalizing a public officer or employee who shall, during the sessions of Congress, "arrest or search any member thereof, except in case such member has committed a crime punishable under [such] Code by a penalty higher than prision mayor."

Both petitioners are facing criminal prosecutions, for falsification of a public document and for violation of the Revised Election Code.

The Solicitor General dispute such a contention on the ground that the constitutional provision does not cover any criminal prosecution being merely an exemption from arrest in civil cases, the logical inference being that insofar as a provision of the Revised Penal Code would expand such an immunity, it would be unconstitutional.

ISSUE: 

Whether or not senators should be immune from the criminal charges.

HELD:

No. As is made clear in Section 15 of Article VI of the Constitution, the immunity from arrest does not cover any prosecution for treason, felony and breach of the peace. Treason exists when the accused levies war against the Republic or adheres to its enemies giving them aid and comfort. Breach of the peace covers any offense whether defined by the Revised Penal Code 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. There is a full recognition of the necessity to have members of Congress, and likewise delegates to the Constitutional Convention, entitled to the utmost freedom to enable them to discharge their vital responsibilities.

When it comes to freedom from arrest, however, it would amount to the creation of a privileged class, without justification in reason, if notwithstanding their liability for a criminal offense, they would be considered immune during their attendance in Congress and in going to and returning from the same. There is likely to be no dissent from the proposition that a legislator or a delegate can perform his functions efficiently and well, without the need for any transgression of the criminal law. Should such an unfortunate event come to pass, he is to be treated like any other citizen considering that there is a strong public interest in seeing to it that crime should not go unpunished.