NICANOR T. JIMENEZ v. BARTOLOME CABANGBANG, GR No.
L-15905, 1966-08-03
Facts:
This is an ordinary civil action, originally instituted in the Court of First Instance of Rizal, for
the recovery, by plaintiffs Nicanor T. Jimenez, Carlos J. Albert and Jose L. Lukban, of several
sums of money, by way... of damages for the publication of an allegedly libelous letter of
defendant Bartolome Cabangbang.
According to the complaint herein, it was an open letter to the President of the Philippines,
dated November 14, 1958, when Congress presumably was not in session, and defendant
caused said letter to be... published in several newspapers of general circulation in the
Philippines, on or about said date.
Issues:
The issues before us are: (1) whether the publication in question is a privileged
communication; and, if... not, (2) whether it is libelous or not.
Ruling:
The first issue stems from the fact that, at the time of said publication, defendant was a
member of the House of Representatives and Chairman of its Committee on National
Defense, and that pursuant to the Constitution:
"The Senators and Members of the House of Representatives shall in all cases except
treason, felony, and breach of the peace, be privileged from arrest during their attendance at
the sessions of the Congress, and in going to and returning from the same; and for any
speech or... debate therein, they shall not be questioned in any other place." (Article VI,
Section 15.)
The determination of the first issue depends on whether or not the aforementioned
publication falls within the purview of the phrase "speech or debate therein" - that is to say,
in Congress - used in this provision.
Said expression refers to utterances made by Congressmen in the performance of their
official functions, such as speeches delivered, statements made, or votes cast in the halls of
Congress, while the same is in session, as well as bills introduced in Congress, whether the...
same is in session or not, and other acts performed by Congressmen, either in Congress or
outside the premises housing its offices, in the official discharge of their duties as members
of Congress and of Congressional Committees duly authorized to perform its functions as
such,... at the time of the performance of the acts in question.
The publication involved in this case does not belong to this category.
he was not performing his official duty, either as a member of Congress or as officer of any
Committee... thereof. Hence, contrary to the finding made by His Honor, the trial Judge, said
communication is not absolutely privileged.
