75.pobre vs. Senator Defensor Santiago
75.pobre vs. Senator Defensor Santiago
75.pobre vs. Senator Defensor Santiago
DEFENSOR – SANTIAGO | 75
THIRD DIVISION
ANTERO J. POBRE, Complainant, vs. SEN. MIRIAM DEFENSOR-SANTIAGO, Respondent
A.C. NO. 7399, August 25, 2009
VELASCO, JR., J.
FACTS:
A sworn letter/complaint was filed by private complainant, Antero J. Pobre, inviting the Court’s
attention regarding the speech delivered on the Senate floor by Senator Miriam Defensor-
Santiago:
Her speech came as a response to what she believed to be, “an unjust act of the Judicial Bar
Council (JBC) with regard to the nomination to the soon to be vacated position of Chief that would
only qualify incumbent justices of the Supreme Court and that non-sitting members of the Court,
like her, would not be considered for the position of Chief Justice.
To Pobre, the foregoing statements of the lady Senator reflected a total disrespect towards then
Chief Justice Artemio Panganiban and the other members of the Court and constituted direct
contempt of Court and asks that disbarment proceedings or other disciplinary actions be taken
against Senator Defensor-Santiago.
ISSUE:
Whether the speech delivered by Senator Defensor-Santiago be a ground for disbarment or be
subject to disciplinary actions.
RULING:
No, the Court sided with Senator Meriam Defensor-Santiago that she should be afforded
parliamentary immunity as rooted primarily on the provision of Article VI, Section 11 of the
Constitution, which provides: “A Senator or Member of the House of Representative shall, in all
offenses punishable by not more than six years imprisonment, be privileged from arrest while the
Congress is in session. No member shall be questioned nor be held liable in any other place for any
speech or debate in the Congress or in any committee thereof.”
Although Senator Defensor-Santiago has not categorically denied making such statements,
she has unequivocally said making them as part of her privilege speech. Her implied admission is
good enough for the court.