The suspension of Congressman Sergio "Serging" V. Osmeña, Jr.

Congressman Sergio "Serging" Chiong Veloso Osmeña Jr., son and namesake of Don Sergio Osmeña who represented the old 2nd Congressional District of Cebu on June 23, 1960, delivered a privilege speech in the halls of congress attacking President Carlos Polistico Garcia.

Serging accused Garcia that the free things they used to get from the government are now for sale at premium prices. He further said that even pardons are for sale, regardless of the gravity of the criminal case.

As response to the speech delivered by Cong. Osmeña, the House of Representatives created a Special Committee of fifteen members to be appointed by the Speaker to investigate the truth of the charges against President Garcia. The committee was also empowered to summon Osmeña and to sumbit its recommendations.

The special committee on July 18, 1960 found Cong. Osmeña guilty of serious disorderly behavior and recommended that he be suspended from office for fifteen months.

Congressman Osmeña protested to the House Resolution saying that it violated his constitutional absolute parliamentary immunity for speeches delivered in the House, second his words constituted no actionable conduct and third that under the House Rules that if a member had uttered obnoxious words in debate, he shall not be held to answer nor be subject to censure by the House.

Majority of the members of Congress sided with President Garcia, especially from those from Visayas and Mindanao. This is because President Garcia aside from being the pride of Bohol married a Cebuana, Leonila Dimataga (also of the Mangubat Clan) the sister of the last mayor of Opon and the first mayor of Lapu-Lapu City, Mariano Dimataga. The father of Mariano and Leonila was Bartolome Mangubat Dimataga, the 5th municipal president of Opon.

On July 14, 1960 Cong. Osmeña to protect his interest, filed a petition before the Supreme Court for declaratory relief and prohibition against Congressman Salapida K. Pendatun and fourteen other congressmen in their capacity as members of the special committee.

Serious constitutional issues were raised by Cong. Osmeña such as that the house resolution was an infringement or violation of his parliamentary immunity and that the House Committee should be prohibited from requiring him to substantiate the charges he made against Garcia.

On July 19, 1960 the House Committee filed its answer to Cong. Osmeña petition and challenged the jurisdiction of the Supreme Court and defended the powers of Congress to discipline its members with suspension and that Congress already ended its session on July 18, 1960.

On October 28, 1960, the Supreme Court dismissed the petition of Cong. Osmeña. It viewed that the case is a political question. The members of the special committee that recommended the suspension of Cong. Osmeña were Salipada K. Pendatun, Leon Z. Guinto, Jr., Vicente L. Peralta, Faustino Tobia, Lorenzo G. Teves (of Oriental Negros, later elected as governor and congressman of the first district of Oriental Negros), Jose J. Roy, Faustino Dugenio, Antonio Y. De Pio (a lawyer from Bantayan, Cebu and elected congressman of the old 7th Congressional District of Cebu, a highway connecting the municipalities of San Remegio and Tabuelan is named after him), Benjamin Ligot, Pedro G. Trono, Felipe Abrigo, Felipe S. Abeleda, Tecla San San Andres Ziga, Angel B. Fernandez, and Eugenio S. Baltao.

A year after (November 14, 1961 elections) Osmeña ran for Vice President, while Garcia sought for a reelection under the Nacionalista Party. Both lost to the Liberals, Macapagal defeated Garcia and Emmanuel Pelaez (a Bisaya, born in Medina, Misamis Oriental) defeated Serging Osmeña.

attypauloaminal@yahoo.com

 

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