MIRIAM: SC UPHELD PARLIAMENTARY IMMUNITY
NO "CENSURE," NO "FOUL MOUTH", CASE DISMISSED

        Sen. Miriam Defensor Santiago, belying an "inaccurate and misleading" news report, said that the Supreme Court upheld her parliamentary immunity, when it dismissed a disbarment case filed against her in 2006 by a private citizen.

        "The private citizen was reportedly used by my political enemies, and I know who they are. The news item was a hatchet job," she said.

        The disbarment case, which took nearly three years to decide, was filed on the basis of Santiago 's privilege speech attacking the Judicial and Bar Council for disqualifying her as a nominee to the Supreme Court, on the ground that only incumbent justices were qualified.

        The decision by the Supreme Court Third Division, dated 25 August 2009, said: "The plea of Sen. Santiago for the dismissal of the complaint for disciplinary action is well-taken. Indeed, her privilege speech is not actionable criminally or not a disciplinary proceeding under the Rules of Court."

        A Supreme Court division is composed of five justices.

        Santiago said that contrary to a certain news report, the Supreme Court did not issue a "censure," which in law means an official reprimand.

        Instead, Santiago said that the court merely stressed her duty as a lawyer to avoid "intemperate language."

        The decision even said in favor of Santiago : "(She) is a cut higher than most lawyers. Her achievements speak for themselves."

        In her 2006 speech at the Senate, Santiago attacked the JBC, headed by then Chief Justice Artemio Panganiban.

        She alleged that in disqualifying her because she was not an incumbent justice, the JBC was guilty of unconstitutional denial of due process and equal protection.

        Santiago was offended, because after she went to the Supreme Court for interview, suddenly the JBC announced that only incumbent justices were qualified for the interview.

        Since then Santiago has advocated the abolition of the JBC if charter change is held, and the return to the Commission on Appointments of the power to screen judicial nominees.

        Santiago said she was not given a copy of the decision which was apparently released to the media, and had to ask her staff to get a copy.

        "It is perfectly natural for the Supreme Court to protect its own," Santiago said, after reading the decision.

        Santiago said that she and retired Chief Justice Panganiban remained friends today, and were even "amicable" when they both attended an international conference at Doha , Qatar last year, where Santiago delivered a paper on international relations.

        Santiago said that in her official comment on the disbarment complaint three years ago, she relied on the constitutional provision on parliamentary immunity which states: "No member (of Congress) shall be questioned nor held liable in any other place for any speech or debate in the Congress."

        After she delivered the speech, no senator interpellated her, nor filed a complaint with the Senate ethics committee; instead, some senators even congratulated her.

        "My own colleagues apparently agreed with what I said. It is unfortunate that another branch of government would criticize the internal actuations of a co-equal branch," Santiago said.

        She was referring to a statement in the SC decision, which said: "It is unfortunate that her peers bent backwards and avoided imposing their own rules on her."

        "In my humble view this might lead to a slippery slope. The three branches might begin criticizing the internal procedures and policies of each other. That would weaken the concept of checks and balances," Santiago said.

        Santiago said that contrary to the news report, the decision never accused her of "foul mouth."

        "Both the terms 'censure' and 'foul mouth' were those of the newspaper and not of the Supreme Court," she said.

        Santiago gave to media copies of her official "Comment" to the complaint that she filed in 2007.