8/6/2019 Jimenez v. Cabangbang

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Jimenez vs. Cabangbang G.R. No. L-15905, August 3, 1966

Facts: Defendant Bartolome Cabangbang was a member of the House ofRepresentatives and Chairman of its Committee on National Defense. He wrotean open letter to the President dated November 14, 1958 which caused said toletter to be published in several newspapers of general circulation in Philippines.This exposed the allegedly operational plans of AFP officers of a massive politicalbuild-up of then Secretary of National Defense, Jesus Vargas, to prepare him inbecoming a Presidential candidate in 1961.

Issue:1. Whether or not the publication in question is a privileged communication

Held: The determination of the issue depends on whether or not the publicationfalls within the purview of the phrase speech or debate in Congress as used inArt. VI, Sec. 15 (now Sec. 11). Said expression refers to utterances made byCongressmen in the performance of their official functions, such as speechesdelivered, statements made, or votes cast in the halls of Congress, while the

same is in session, as well as bills introduced in Congress, whether the same is insession or not, and other acts performed by Congressmen, either in Congress oroutside the premises housing its offices, in the official discharge of their duties asmembers of Congress and of Congressional Committees duly authorized toperform its functions as such, at the time of the performance of the acts inquestion.

The publication involved in this case does not belong to this category. It wasan open letter to the President, when Congress presumably was not in session,and defendant caused said letter to be published in several newspapers ofgeneral circulation. In causing the communication to be so published, he was notperforming his official duty, either as a member of the Congress or as officer ofany committee thereof. Hence, said communication is not absolutely privileged.

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