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    Trillanes vs. Castillo-Marigomen

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    Sandy Marie David
    Trillanes filed a resolution to investigate alleged corruption by Binay and others. During breaks in Senate proceedings, Trillanes told media that Binay owned properties through a dummy owner, Antonio Tiu. Tiu sued Trillanes. The court ruled (1) Trillanes' statements to media fall outside the parliamentary privilege of speech and debate since they were not made during official Senate functions, and (2) responding to media interviews is not an official duty of a Senator. Therefore, Trillanes' statements to media are not protected from liability in the lawsuit.

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    Trillanes vs. Castillo-Marigomen

    Uploaded by

    Sandy Marie David
    245 views2 pages
    Trillanes filed a resolution to investigate alleged corruption by Binay and others. During breaks in Senate proceedings, Trillanes told media that Binay owned properties through a dummy owner, Antonio Tiu. Tiu sued Trillanes. The court ruled (1) Trillanes' statements to media fall outside the parliamentary privilege of speech and debate since they were not made during official Senate functions, and (2) responding to media interviews is not an official duty of a Senator. Therefore, Trillanes' statements to media are not protected from liability in the lawsuit.

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    Trillanes filed a resolution to investigate alleged corruption by Binay and others. During breaks in Senate proceedings, Trillanes told media that Binay owned properties through a dummy owner, Antonio Tiu. Tiu sued Trillanes. The court ruled (1) Trillanes' statements to media fall outside the parliamentary privilege of speech and debate since they were not made during official Senate functions, and (2) responding to media interviews is not an official duty of a Senator. Therefore, Trillanes' statements to media are not protected from liability in the lawsuit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    245 views2 pages

    Trillanes vs. Castillo-Marigomen

    Uploaded by

    Sandy Marie David
    Trillanes filed a resolution to investigate alleged corruption by Binay and others. During breaks in Senate proceedings, Trillanes told media that Binay owned properties through a dummy owner, Antonio Tiu. Tiu sued Trillanes. The court ruled (1) Trillanes' statements to media fall outside the parliamentary privilege of speech and debate since they were not made during official Senate functions, and (2) responding to media interviews is not an official duty of a Senator. Therefore, Trillanes' statements to media are not protected from liability in the lawsuit.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    1

    Trillanes v. Castillo-Marigomen
    G.R. # 223451, March 14, 2018
    Tijam, J.

    FACTS:

    Petitioner, as a Senator of the Republic of the Philippines, filed Proposed Senate


    Resolution No. 826 (P.S. Resolution No. 826) directing the Senate's Committee
    on Accountability of Public Officials and Investigations to investigate, in aid of
    legislation, the alleged P1.601 Billion overpricing of the new 11-storey Makati
    City Hall II Parking Building, the reported overpricing of the 22-storey Makati
    City Hall Building at the average cost of P240,000.00 per square meter, and
    related anomalies purportedly committed by former and local government
    officials.
    Petitioner averred that Antonio Tiu claimed "absolute ownership" of the estate,
    albeit asserting that it only covered 145 hectares, through his company called
    Sunchamp Real Estate Corporation (Sunchamp).
    In response to media interviews during gaps and breaks in plenary and
    committee hearings, Trillanes alleged that former Vice President Jejomar Binay
    owned multiple properties and uses Antonio Tiu as a dummy owner. Because of
    these statements, Tiu filed a complaint for damages against Trillanes before the
    Regional Trial Court.
    Trillanes filed a motion to dismiss the complaint, which was denied by the
    RTC. Trillanes brought this case to the Court for certiorari.

    ISSUES:
    (1) Coverage of the privilege of speech and debate
    (2) Are statements in media interviews covered by the parliamentary speech
    or debate privilege?
    2

    HELD:
    (1) There are two requirements that must concur in order that the privilege
    of speech and debate can be availed of by the member of the Congress.
    The first is that the remarks must be made while the legislature or the
    legislative committee is functioning, that is, in session; and the second is
    that they must be made in connection with the discharge of official duties.
    This privilege is not absolute although it is usually so called. The rule
    provides that the legislator may not be questioned nor he held liable in
    any other place for any speech or debate in the Congress or in any “in any
    other palace,” Trillanes’ remarks fall outside the privilege speech or
    debate under Section 11, Article VI of the 1987 Constitution. The
    statements were clearly not part of any speech delivered in the Senate or
    any of its committees. They were also not spoken in the course of any
    debate in said fora. It cannot likewise be successfully contended that they
    were made in the official discharge or performance of his duties as
    Senator, as remarks were not part of or integral to the legislative process.

    (2) No. To participate in or respond to media interviews is not an official


    function of any lawmaker, it is not demanded by his sworn duty nor is it a
    component of the process of enacting laws. Indeed, a lawmaker may well
    be able to discharge his duties and legislate without having to
    communicate with the press.

    Sandy Marie L. David CONSTI 1


    ID # 2021-0019 Wed 4pm-8pm

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