E. Constitutional Limitations on the Power to Enact Penal Laws

E. Constitutional Limitations on the Power of Congress to Enact Penal Laws

• Equal Protection
• Due Process
• Bill of Attainder
• Ex post facto Law
• Cruel and Unusual Punishment; Excessive Fine

1987 Constitution

A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof. (Art. VI, Section 11)

Section 23 of the Dangerous Drugs Act declared unconstitutional

While Section 23 of RA 9165 (Comprehensive Dangerous Drugs Act of 2002) provides that “any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining,” this provision has been stricken down as unconstitutional in Estipona v. Hon. Lobrigo (G.R. 226679, 2017) for being contrary to the rule-making authority of the Supreme Court under Section 5 (5), Article VIII of the Constitution.

Parliamentary Immunity

• Protects from civil and criminal liability
• Does not protect a member of Congress from responsibility before the legislative body itself whenever that member’s conduct is considered inappropriate or unbecoming
• Each House may punish its members for disorderly behavior and, with the concurrence of two-thirds of all its members, suspend a member for not more than 60 days or expel the member

Note: Article VI of the 1987 Constitution states that; “A Senator or Member of the House shall in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while Congress is in session” while Art.145 of the RPC states penalty higher than prision mayor. The constitutional privilege applies to offenses punishable by not more than six years’ imprisonment. Article 145’s exception for a crime punishable by a penalty higher than prision mayor is consistent with that threshold.