Pobre V Santiago

Pobre v.
Santiago
x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am

humiliated, debased, degraded. And I am not only that, I feel like throwing up to be living my
middle years in a country of this nature. I am nauseated. I spit on the face of Chief Justice
Artemio Panganiban and his cohorts in the Supreme Court, I am no longer interested in the
position [of Chief Justice] if I was to be surrounded by idiots. I would rather be in another
environment but not in the Supreme Court of idiots x x x.
total disrespect on the part of the speaker towards then Chief Justice Artemio Panganiban and
the other members of the Court and constituted direct contempt of court.
disbarment proceedings or other disciplinary actions be taken against the lady senator.
constitutional provision on parliamentary immunity, being part of a speech she delivered in the
discharge of her duty as member of Congress or its committee.
"to be an unjust act of the Judicial Bar Council [JBC]," which, after sending out public invitations
for nomination to the soon to-be vacated position of Chief Justice, would eventually inform
applicants that only incumbent justices of the Supreme Court would qualify for nomination. She
felt that the JBC should have at least given an advanced advisory that non-sitting members of
the Court, like her, would not be considered for the position of Chief Justice.
ndeed, her privilege speech is not actionable criminally or in a disciplinary proceeding under the
Rules of Court. It is felt, however, that this could not be the last word on the matter. ndeed, her
privilege speech is not actionable criminally or in a disciplinary proceeding under the Rules of
Court. It is felt, however, that this could not be the last word on the matter.
The Court wishes to express its deep concern about the language Senator Santiago, a member
of the Bar, used in her speech and its effect on the administration of justice. To the Court, the
lady senator has undoubtedly crossed the limits of decency and good professional conduct. It is
at once apparent that her statements in question were intemperate and highly improper in
substance. To reiterate, she was quoted as stating that she wanted "to spit on the face of Chief
Justice Artemio Panganiban and his cohorts in the Supreme Court," and calling the Court a
"Supreme Court of idiots."
No lawyer who has taken an oath to maintain the respect due to the courts should be allowed to
erode the people's faith in the judiciary. In this case, the lady senator clearly violated Canon 8,
Rule 8.01 and Canon 11 of the Code of Professional Responsibility, which respectively provide:
Canon 8, Rule 8.01. A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.
Canon 11. A lawyer shall observe and maintain the respect due to the courts and to the judicial
officers and should insist on similar conduct by others.
Senator/Atty. Santiago is a cut higher than most lawyers. Her achievements speak for
themselves. She was a former Regional Trial Court judge, a law professor, an oft-cited authority
on constitutional and international law, an author of numerous law textbooks, and an elected
senator of the land.
a sense, therefore, her remarks were outside the pale of her official parliamentary functions.
Even parliamentary immunity must not be allowed to be used as a vehicle to ridicule, demean,
and destroy the reputation of the Court and its magistrates, nor as armor for personal wrath and
disgust.
The Rules of the Senate itself contains a provision on Unparliamentary Acts and Language that
enjoins a Senator from using, under any circumstance, "offensive or improper language against
another Senator or against any public institution."
the Senate President had not apparently called her to order, let alone referred the matter to the
Senate Ethics Committee for appropriate disciplinary action, as the Rules dictates under such
circumstance.20 The lady senator clearly violated the rules of her own chamber. It is unfortunate
that her peers bent backwards and avoided imposing their own rules on her.
The Court is not hesitant to impose some form of disciplinary sanctions on Senator/Atty.
Santiago for what otherwise would have constituted an act of utter disrespect on her part
towards the Court and its members. The factual and legal circumstances of this case, however,
deter the Court from doing so, even without any sign of remorse from her. Basic constitutional
consideration dictates this kind of disposition.
Courts do not interfere with the legislature or its members in the manner they perform their
functions in the legislative floor or in committee rooms. Any claim of an unworthy purpose or of
the falsity and mala fides of the statement uttered by the member of the Congress does not
destroy the privilege.3 The disciplinary authority of the assembly4 and the voters, not the courts,
can properly discourage or correct such abuses committed in the name of parliamentary
immunity.5
For the above reasons, the plea of Senator Santiago for the dismissal of the complaint for
disbarment or disciplinary action is well taken. Indeed, her privilege speech is not actionable
criminally or in a disciplinary proceeding under the Rules of Court. It is felt, however, that this
could not be the last word on the matter.

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Pobre v.

x x x I am not angry. I am irate. I am foaming in the mouth. I am homicidal. I am suicidal. I am

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