THIRTEENTH CONGRESS OF THE REPUBLIC ) 
S SEP -6 P2:15 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
Iiitroduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
The first sentence of Article VI, Section 11, of the 1987 Constitution provides that: 
“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.” 
On the other hand, Article 145 of the Penal Code provides that: 
“Violation of parliamentary immunity. - The penalty of prision 
mayor shall be imposed upon any person who shall use force, 
intimidation, threats, or fraud to prevent any member of the 
National Assembly (Congress of the Philippines) from attending 
the meetings of the Assembly (Congress) or of any of its 
committees or subcommittees, constitutional commissions or 
committees or divisions thereof, from expressing his opinions or 
casting his vote; and the penalty of prision correccional shall be 
imposed upon any public officer or employee who shall, while the 
Assembly (Congress) is in regular or special session, arrest or 
search any member thereof, except in case such member has 
committed a crime punishable under this Code by a penalty 
higher than prision mayor.” 
It is noticeable that the provision on the Penal Code is inconsistent with the provision of 
the Constitution. According to the 1987 Constitution, a Senator or Member of the House of 
Representatives shall be privileged from arrest while the Congress is in session, in all offenses 
punishable by not more than six years imprisonment. Using the terms of the Penal Code, a term 
of imprisonment which is not more than six years is also called prision correccional. In the Penal 
Code, a Senator or Member of the House of Representatives is privileged from arrest while the 
Congress i s  in session, except if he or she commits a crime punishable by a penalty higher than 
prision mayor. The duration of prision mayor is six years and 1 day to 12 years. 
This bill aims to make Article 145 of the Penal Code consistent with the provisions of the 
fundamental law of the land, the Constitution. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILPPINES 
1 
Second Regular Session 
1 
5 SEP -6 
1’2 :15 
SENATE 
S.B. No. 2 10 
f\ECEIVED BY : 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ARTICLE 145 OF ACT NO. 3815 ALSO KNOWN AS 
THE REVISED PENAL CODE, AS AMENDED 
Be it enacted by the Senate and the House of Representatives ofthe Philippines in 
Congress assembled: 
SECTION 1. Article 145 of Act No. 3815, also known as the Revised Penal Code, on 
Violation of Parliamentary Immunity is hereby amended to read as follows: 
Article 145. Violation of parliamentary immunity. - The penalty of prision mayor 
shall be imposed upon any person who shall use force, intimidation, threats, or 
fraud to prevent any member of the National Assembly (Congress of the 
Philippines) from attending the meetings of the Assembly (Congress) or of any of 
its committees or subcommittees, constitutional commissions or committees or 
divisions thereof, from expressing his opinions or casting his vote; and the penalty 
of prision correccional shall be imposed upon any public officer or employee who 
shall, while the Assembly (Congress) is in regular or special session, arrest or 
search any member thereof, except in case such member has committed a crime 
punishable by A PENALTY OF PRISON CORRECIONAL OR HIGHER. 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
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I