Paredes v. Sandiganbayan
Paredes v. Sandiganbayan
Paredes v. Sandiganbayan
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly behavior,
and, with the concurrence of two-thirds of all its Members, suspend or expel a Member. A penalty of
suspension, when imposed, shall not exceed sixty days.
FACTS:
While Congressman was still Provincial Governor, charges of violations of the Anti-Graft
Law were filed against him before the Sandiganbayan. Subsequently, he was elected to
Congress. During his second term in Congress, the Sandiganbayan imposed a preventive
suspension on him pursuant to the Anti-Graft Law. Paredes challenged the authority of the
Sandiganbayan to suspend a district representative.
ISSUE:
Whether or not Paredes, now a member of Congress, be suspended by order of the Sandiganbayan.
HELD:
YES. Petitioner’s invocation of Section 16(3), Article VI of the Constitution which deals with the power of
each House of Congress inter alias to ‘punish its members of Congress for disorderly behavior ‘ and
suspend or expel a member’ by a vote of two-thirds of the members subject to the qualification that
the penalty of the suspension spoken of in Sec. 13 of RA 3019 which is not penalty by a preliminary
preventive measure presenting from the fact that the latter is not being imposed on the petitioner for
misbehavior as a Member of the House of Representative.