‘Solons immune if crime punishable by imprisonment of 6 yrs, below’
Senate President Aquilino “Koko” Pimentel III. INQUIRER.net FILE PHOTO
No one is above the law but lawmakers are immune from arrest if a crime committed is punishable by imprisonment of not more than six years, Senate President Aquilino “Koko” Pimentel III said on Monday.
Pimentel said the obstruction of justice, the offense allegedly committed by Senator Leila de Lima, is punishable with less than six years imprisonment.
“Pag aralan natin ito kasi novel question ito but principal sa ating batas, no one is above the law kaya parati kong sinasabi sa inyo,” he said, reacting to Speaker Pantaleon Alvarez’s reported plan to order De Lima’s arrest should the latter refuse to recognize the show-cause order issued by the House of Representatives.
READ: House, Senate on collision course over Leila de Lima
“But then if the Constitution grants immunity or grants a benefit to a member of Congress or to someone else, we also have to respect whatever the Constitution grants. Pag aralan muna natin ito. Anyway, the question not yet before us, wala pa naman ding arrest warrant or whatever,” he added.
Pimentel pointed out that under the Constitution, lawmakers are immune from arrest while Congress is in session if the crime is not punishable by imprisonment of not more than six years.
Article continues after this advertisementAnd the penalty for obstruction of justice, he said, is below six years.
Article continues after this advertisementAsked then if De Lima could not be arrested, Pimentel said, “Wala pa tayo roon. Yung arrest warrant na mention ko is the regular arrest warrant, which is issued by courts.”
The House issued the show-cause order against De Lima for allegedly advising her former driver, Ronnie Dayan, not to attend its investigation on the proliferation of illegal drugs at the New Bilibid Prison when she was still Justice Secretary.
READ: Speaker won’t let go of De Lima, presses contempt charge
Dayan later appeared before the House probe and claimed that he had collected money for De Lima from suspected drug lord Kerwin Espinosa.
De Lima has repeatedly denied any involvement in the illegal drug trade. RAM/rga
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