HOUSE OF REPRESENTATIVES

Republic of the Philippines Reco
HOUSE OF REPRESENTA’ DATE: 3
Quezon City

SEVENTEETH CONGRESS,
First Regular Session

REOSTPATION UNIT

HOUSE BILL NO. 213}
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Introduced by Rep. Florida P. Robes

EXPLANATORY NOTE

‘As provided under the 1987 Constitution, every member of the Congress of the
Philippines, both House of Representatives and Senate, enjoys two parliamentary
immunities: immunity from arrest and privilege of speech and debate. Parliamentary
immunity from arrest means that a member shall not be arrested while the Congress
is in session for offenses that are punishable by not more than six years while
privilege of speech and debate allows the legislator to articulate his views on issues
and concerns affecting the publi, specifically his/her constituent, without fear of
accountability provided his statements are supported with evidence required in the
court of justice. These immunities shield him/her from factors that deter the
performance of his/her duties and responsibilities. However, more often than not,
many members of Congress are immediately persecuted when cases related to the
conduct of their office are filed and brought to the Ombudsman or Sandiganbayan.
Without due process, they are presumed guilty notwithstanding the fact that such
cases could have been maliciously filed to discredit them or are political
machinations employed by their opponents vent on destroying them. At times, media
would pick up the story and sensationalize it. Immediately, they become victims of
trial by publicity. Nowadays, with the popularity of social media and citizen
journalism, all publie officials would go through baseless scrutiny, aggravated by the
memes created or the blogs published by unknown writers which purport to be
factual even as they claim to be satirical.

Although the rules adopted by the Ombudsman and Sandiganbayan provide
that complaints lodged before it are properly evaluated and if found wanting of merit
shall be dismissed, the verdict of guilty has already been passed on by the public.
Even when the order of dismissal is issued, the harm has already been done. It
would then be difficult for the legislator to rectify his/her name and reputation


which has already been tarnished. This is the reason why the Rules of Procedure
adopted by Congress has afforded a mechanism to investigate and to discipline
erring members through the creation of the Committee on Ethies and Privileges. The
Committee has jurisdiction over all matters directly and principally relating to the
duties, conduct, rights, privileges and immunities, dignity, integrity and reputation of
the members of Congress.

Within this purview, the proposal is also in consonance with other existing
laws that require exhaustion of possible means and remedies to redress a wrong or
grievance against a public official, in this case, a member of Congress. The passage or
approval of this measure would warrant proper recognition to any investigation
conducted by the said Committee on complaints filed against the members. Any
findings must be given due weight. Nevertheless, this does not aim to circumvent or
cover up issues or salvage a member who has obviously violated his/her oath of
office. It is also i

iated in the name of justice and fair play.

Considering the aforementioned, the approval of this bill is earnestly sought.

FLOKADA P. ROBES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEETH CONGRESS
First Regular Session

HOUSE BILLNO. 2138

Introduced by Rep. Florida P. Robes

AN ACT PROVIDING AN ADDITIONAL REQUISITE FOR FILING OF
COMPLAINTS AGAINST MEMBERS OF CONGRESS IN RELATION TO
THEIR OFFICE

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress Assembled:

SECTION. 1. Declaration of Policy.- It is hereby a declared policy of the
State to make public officials, elective or appointed, accountable to the people in the
discharge of their duties through the adoption of a high standard of ethics in public
service. Anent thereto, the State shall also guarantee that said public officials shall be
protected from any malicious imputation against their person and office.

SEC. 2, Additional Requisite. No complaint or information filed or
initiated against any Member of Congress for an offense in violation of Republic Act
No, 3019, as amended, Republic Act No. 1379 as amended, Republie Act No. 6713,
Revised Penal Code Title VII and for such other offenses committed by public officers
in relation to his/her official function shall be brought to the Office of the
Ombudsman and Sandiganbayan unless a conclusive finding which determines the
culpability or non-culpability of the member shall bave been made by the Committee
on Ethics and Privileges of the House of Representatives and Senate without
prejudice to other requisites provided by rules of court procedure and other existing
laws.

SEC. 3. Ground for Dismissal. - The conclusive finding of the Committee
on Ethics, evidenced by a resolution adopted for the purpose, shall be deemed a
condition sine qua non for elevating the case to the proper courts. Absence of which
shall be a ground for the dismissal of the complaint.

SEC. 4. Repealing Clause. ~All laws, ordinances, rules and regulations,
and other issuances or parts thereof which are inconsistent with this Act are hereby
repealed or modified.

SEC. 5. Separability Clause. ~ If for any reason any section or provision
of this Act is declared unconstitutional or invalid, the other sections or provisions
thereof, shall not be repealed or modified.

SEC. 6. Effectivity. — This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in any two newspapers of general circulation.

Approved,