Practice question
A Senator faces a valid anti-graft information for acts allegedly committed before election. The court gives a fair opportunity to challenge the validity of the proceedings and orders preventive suspension under RA 3019. The Senator argues that separation of powers makes the Senate’s disciplinary authority an exclusive shield against any court-ordered suspension. Which is best under Santiago?
- Separation of powers excludes every legislator from criminal law
- The court is necessarily exercising the Senate’s punishment power
- Preventive statutory suspension is distinct from chamber discipline, so the asserted categorical shield fails
- The order is valid only if the Senator admits guilt
- The court must first expel the Senator
Legal references
- Santiago v. Sandiganbayan, G.R. No. 128055, April 18, 2001, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/52070
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VI, Section 16(3).
Answer this question in flashcards to review your response and continue practicing.