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LIBEL AGAINST FG MIKE ARROYO - Rising to a question of personal and collective privilege.

Privilege Speech of Sen. Jinggoy Estrada, August 16, 2006

Posted: August 6th, 2008 @ 1:15am


The full text of his speech follows:

Today, I rise before this Body on an urgent matter of collective and personal privilege to denounce and condemn the Arroyo administration for its incessant efforts and vicious attempts to silence, harass and intimidate this Representation.

A few hours ago, I was surprised to learn that a warrant of arrest has been issued against this Representation by a certain Judge Wilhelmina Jorge-Wagan of the Regional Trial Court or Pasay City in connection with the libel case filed against me by Mr. Mike Arroyo, the registered spouse and acknowledged bagman of Mrs. Gloria Macapagal Arroyo. The prosecutor who found probable cause to elevate this case to the Regional Trial Court is Prosecutor Elmer Mitra. He is reportedly pressured since he is due for promotion and is merely an acting city prosecutor for Pasay.

This libel case arose from the statements I allegedly made during my interpellation of Customs chief Napoleon Morales during the deliberations on the 2006 Budget conducted by the Senate Committee of the Whole last January 23, 2006.

This Representation was charged with libel because the entire Filipino nation was finally made to realize that, indeed, Mr. Mike Arroyo is the biggest smuggler of all in this country.

1 learned about the warrant of arrest because elements of the Pasay City police came here, to this very august Chamber, to serve the warrant of arrest against this Representation, as if I were a common criminal. The police came here to arrest this Representation upon special instructions from Malacañang.
Section 11, Article VI of the Constitution is very, very clear:

“A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six 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 Congress or in any committee thereof.”

On the other hand, the penalty for libel under the Revised Penal Code is prision correccianal in its minimum and maximum periods which is equivalent to less than six years imprisonment.

Clearly, the police cannot arrest any senator for the crime of libel while Congress is in session.

But why have they come here to arrest this Representation?

Have they no respect for this venerable Chamber? Have they no more respect for the Constitution?

Malacañang cannot deny its hand in this attempt to publicly harass and embarrass this Representation. When one of the police officers was confronted by Senate President Manny Villar in the presence of the Senate Sergeant-at-Arms and the Senate Legal Counsel, the police officer retorted, “Paano po kung tawagin kami ng Malacañang? Ano po ang sasabihin namin?” That can be attested by the Senate President himself and the Sergeant-at-Arms.

Maliwanag pa sa sikat ng araw ang pakikialam ng Malacañang upang ang inyong lingkod ay patahimikin.
Be that as it may, this Representation is not intimidated. This Representation will not stand down.

I will continue my crusade against this bogus administration, against this fake President and her registered spouse, who is the godfather of all smugglers in the Philippines.

Maliwanag na ang pamahalaang ito aygagawin ang lahat, kahit masama, illegal at hindi tama, upang ang nalalabing boses ng masa na ang hangad lamang ay katotohanan ay kanilang mahadlangan.

Ginagawa ko lamang po ang aking trabaho bilang isang halal na senador ng ating bansa.

It is my constitutional duty to conduct public hearings to ferret out the truth. I will continue and resume the public hearings regarding the missing OWWA funds, the misuse of the funds of our overseas Filipino workers.

Ano ba iyan? Masyado nang pinahihirapan ang ating mga kababayang mahihirap. Iyong pondo ng fertilizer na para sa ating mga magsasaka, nawawala, ginamit noong nakaraang eleksiyon. Iyong pondo ng OWWA para sa ating mga kababayang Overseas Filipino workers, ginhmil kung saan-saan. Ginagawa ko lamang po ,ang aking tungkulin para malaman ang buong katotohanan kung ano ang nangyayari sa gobyernong ito. Kailangan pong ipakita nating lahat na ang kabutihan ay mamamayani sa ating kapaligiran laban sa kabuktutan at kasamaan.

Immediately after the roll call of the Senate, I will voluntarily submit myself to the Pasay City Regional Trial Court After the roll call, I will proceed to the Pasay City Regional Trial Court to face the charges leveled against me.

Wala po akong masamang intensiyon, ginagawa ko lamang ang aking tungkulin bilang isang senador.

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