FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The first sentence of the Constitution, Article VI, Section 11, 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 not consistent 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 iniprisonment 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 is in session, except if he or she commits a crime punishable by a penalty higher 
thanprision mayor.. The duration ofprisiora mayor is six years and 1 day to 12 years. 
Therefore, if we use the language of the Penal Code, it would seem that a Representative 
or a Senator is privileged from arrest even if he or she commits a crime punishable by 6 years 
and 1 day to 12 years, thereby, violating the provisions of the Constitution. 


This bill aims to make Article 145 of the Penal Code consistent with the provisions of the 
fundamental law of the land, the Constitution.* 
* This bill was originally filed during the Thirteenth Congress, Second Regular Session 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
I 
I /  
First Regular Session 
) 
SENATE 
S.No. .1.775 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ARTICLE 145 OF ACT NO. 3815 ALSO KNOWN AS 
THE REVISED PENAL CODE, AS AMENDED, ON THE DURATION OF THE PENALTY 
FOR THE CRIME WHICH A MEMBER OF CONGRESS HAS COMMITTED BEFORE! HE 
OR SHE CAN BE PREVENTED FROM ATTENDING SESSIONS OF CONGRESS, IN 
ORDER TO MAKE THE SAME CONSISTENT WITH THE CONSTITUTION 
Be it enacted by the Senate und the House of Representatives of the 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 ofparliamentary 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, amst or search any member thereof, except in case such member has 
committed a crime punishable punishable by a penalty [higher than prision 
mayor] 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. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved, 
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