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Nicanor Jimenez Vs Bartolome Cabangbang
Nicanor Jimenez Vs Bartolome Cabangbang
HELD: No. Article VI, Section 15 of the Constitution provides 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.
The publication of the said letter is not covered by said expression which 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. Congress was not in session when the letter was published and at the
same time he, himself, caused the publication of the said letter. It is obvious that, in
thus causing the communication to be so published, 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 the lower court the said communication is not
absolutely privileged.