POBRE VS MIRIAM DEFENSOR SANTIAGO.docx

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POBRE VS MIRIAM DEFENSOR SANTIAGO FACTS: JBC through public invitation publish the soon vacant position of Chief of Justice, hence Santiago was one of the applicant but unfortunately informed by the JBC that only incumbent associate justice would qualify the position. During her privilege speech on the Congress to wit; “x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am humiliated, debased, degraded. And I am not only that, I feel like throwing up to be living my middle years in a country of this nature. I am nauseated. I spit on the face of Chief Justice Artemio Panganiban and his cohorts in the Supreme Court, I am no longer interested in the position [of Chief Justice] if I was to be surrounded by idiots. I would rather be in another environment but not in the Supreme Court of idiots.xxx ANTERO J. POBRE in his sworn letter/complaint invites the attention of the court and asks that disbarment proceedings or other disciplinary actions be taken against the lady senator. Issue: Does the disbarment proceeding and other disciplinary actions should be taken against the senator? Ruling: NO, because the delivery of speech was conducted while the Congress is in session and therefore she is covered with the state immunity provided in our Constitution Art. VI Sec.11 of the Constitution . Indeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of Court. The plea of Senator Santiago for the dismissal of the complaint for disbarment or disciplinary action is well taken. Indeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of Court. The disciplinary actions falls under the Congress provided in The Rules of the Senate contains a provision on Unparliamentary Acts and Language that enjoins a Senator from using , under any circumstance, offensive or improper language against another Senator or against any public institution . Senate President had not apparently called her to order, let alone referred the matter to the

Transcript of POBRE VS MIRIAM DEFENSOR SANTIAGO.docx

POBRE VS MIRIAM DEFENSOR SANTIAGOFACTS:JBC through public invitation publish the soon vacant position of Chief of Justice, hence Santiago was one of the applicant but unfortunately informed by the JBC that only incumbent associate justice would qualify the position. During her privilege speech on the Congress to wit; x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am humiliated, debased, degraded. And I am not only that, I feel like throwing up to be living my middle years in a country of this nature. I am nauseated. I spit on the face of Chief Justice Artemio Panganiban and his cohorts in the Supreme Court, I am no longer interested in the position [of Chief Justice] if I was to be surrounded by idiots. I would rather be in another environment but not in the Supreme Court of idiots.xxxANTERO J. POBRE in his sworn letter/complaint invites the attention of the court and asks that disbarment proceedings or other disciplinary actions be taken against the lady senator.Issue: Does the disbarment proceeding and other disciplinary actions should be taken against the senator?

Ruling:NO, because the delivery of speech was conducted while the Congress is in session and therefore she is covered with the state immunity provided in our Constitution Art. VI Sec.11 of the Constitution. Indeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of Court. The plea of Senator Santiago for the dismissal of the complaint for disbarment or disciplinary action is well taken. Indeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of Court.The disciplinary actions falls under the Congress provided in The Rules of the Senate contains a provision on Unparliamentary Acts and Language that enjoins a Senator from using, under any circumstance, offensive or improper language against another Senator or against any public institution. Senate President had not apparently called her to order, let alone referred the matter to the Senate Ethics Committee for appropriate disciplinary action, as the Rules dictates under such circumstance. The lady senator clearly violated the rules of her own chamber. Therefore the disbarment case proceeding was DISMISSED.