1. Concept
| Article 145. 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. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
2 modes of committing the offense:
1) Preventing 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; or
2) Arresting or searching any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor, while the Assembly (Congress) is in regular or special session.
a. Preventing any member of the National Assembly (Congress of the Philippines) from attending the meetings of the Assembly (Congress), etc.
Elements of the offense:
1) The offender uses force, intimidation, threats, or fraud; and
2) These are done 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.
b. Arresting or searching any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor, etc.
Elements of the offense:
1) The offender is a public officer or employee; and
2) He arrests or searches any member thereof, except in case such member has committed a crime punishable under this Code by a penalty higher than prision mayor; and,
3) He commits such acts while the Assembly (Congress) is in regular or special session.
References
⦁ Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code
