Lopez vs.

De Los Reyes
This is an appeal from a judgement of the CFI of Manila
Facts
1. This is an appliation for the !rit of ha"eas orpus to relieve the petitioner from restrain
of his li"erty# "y a ran$ing offier of the Consta"ulary# under a !arrant of arrest issued
"y the %pea$er of the &ouse finding the petitioner guilty of ontempt.
'. In (to"er ')# 1*'*# Candido Lopez atta$ed and assaulted &onora"le +ose Dimayuga#
a mem"er of the &ouse of Reps. !hile on his !ay to the hall of the &ouse of Reps. to
attend a session !hih !as a"out to "egin. This disa"led him to attend the said sessions
for that day and for the ne,t t!o days !hih also arose from the threats made "y Lopez.
). - resolution !as given "y the house re.uiring the %pea$er to order the arrest of Lopez
and "e onfined in /ili"id 0rison for '1 hours on 2ov. 3 1*'*. The &ouse session !as
adjourned on 2ov 4 !hih no arrest has "een served for Lopez.
1. - ne! !arrant of arrest !as issued "y the %pea$er on %ept. 15# 1*)6. &ere# Lopez !as
ta$ing into ustody "y Colonel De los Reyes# -ssistant Chief of the Consta"ulary on the
1*
th
.
7. - !rit of ha"eas orpus !as o"tained !ith 4 reasons for the illegal restraint of the
petitioner "ut t!o !ere most important namely8
a. That the &ouse of Reps. had no authority and jurisdition to try and punish for
alleged assault "eause it lies e,lusively on the judiial department.
". /eause the at !as ommitted on (to"er ')# 1*'*# and that the session
adjourned on 2ov 4# 1*'*# any order issued after that period of that session is
!ithout fore and effet.
3. The trial judge judge dismissed the petition for ha"eas orpus and remanded the
petitioner to the ustody of the respondent for the ompliane of the order of the &ouse.
Issue:
1. 9(2 the &ouse of Reps. has jurisdition to punish ases for ontempt.
'. 9(2 Lopez !ould still "e punisha"le in spite of the adjournment of the session
Held: Trial ourt erred in refusing to grant the !rit of &a"eas Corpus and Lopez is disharged
from ustody
1. :es
'. 2o
Reason:
1. The legislative po!er to punish for ontempt arises from impliation# is justified only "y the
right of self;preservation# and is the least possi"le po!er ade.uate to the end proposed. It is an
essential to permit the legislature to perform its duties !ithout impediment.
'. Imprisonment from ontempt of a legislative "ody must terminate !ith that of adjournment of
the session the ontempt ourred. The session !as adjourned as provided "y la!# !ithout the
resolution affeting Lopez having "een enfored. It !as this session "eyond !hih the
imprisonment ould not "e e,tended as "ased from the <% La!s.