People vs. Jalosjos Digest

 Jalosjos filed a motion to be allowed to fully discharge the duties of a
People vs. Jalosjos Congressman, including attendance at legislative sessions and

G.R. Nos. 132875- committee meetings on the grounds that:
February 3, 2000 Ynares-Santiago o His absence deprives the electorate of their elected
76
Key Words: Leave from jail to representative, which amounts to taxation without
attend congressional sessions representation, mocks the mandate entrusted to him by the
Topic: Privilege from arrest people, and denies the First District of Zamboanga Del Norte
the opportunity of their voices being heard
PETITIONERS RESPONDENTS o There was a US ruling that allowed a detained lawmaker to
attend sessions of Congress
People of the Philippines Romeo G. Jalosjos o He is a bona fide member of Congress, so the Court should
respect the Congress’ mandate of having him as a member
o He always followed the conditions/restrictions given when
RECIT READY SUMMARY temporarily leaving jail to attend to medical matters
Jalosjos was confined in the national penitentiary while waiting for the
decision of his appeal on his conviction for two counts of statutory rape and ISSUES – HELD – RATIO
six counts of acts of lasciviousness. As the representative of the First District
of Zamboanga Del Norte, Jalosjos filed a motion to allow him to attend W/N Members of Congress should be exempted from the
congressional sessions and committee meetings, as his failure to do so rules and statutes imposed on incarcerated persons in
would deprive his electorate of representation and the opportunity to be general (i.e. the deprivation of liberty)
heard, among other reasons. This raised the issue of whether or not NO. The members of Congress should not be exempted from the
members of Congress should be exempted from the rules that regularly apply rules and statutes imposed on incarcerated persons in general.
to incarcerated persons. The Court ruled in the negative. The Congress’
privilege from arrest is only restricted to minor offenses that have Section 11, Article VI: A Senator or Member of the House of
punishments of imprisonment for six years or less. For crimes with Representatives shall, in offenses punishable by not more than six
punishments of more than six years, there is no immunity from arrest. years imprisonment, be privileged from arrest while the Congress
Additionally, Jalosjos could still perform his duties as a congressman from is in session. No Member shall be questioned nor be held liable in
prison. Finally, allowing Jalosjos to attend congressional sessions and any other place for any speech or debate in Congress or in any
committee meetings would violate the equal protection clause, as this would committee thereof.
create a special distinction that would treat public officials differently from  Section 11, Article VI is restricted to minor offenses whose
regular prisoners. punishments consist of imprisonment for six years or less.
 For offenses punishable by more than six years
DOCTRINE imprisonment, there is no immunity from arrest
 Section 11, Article VI states that “A Senator or Member of the House  The Congress cannot compel absent members to attend
of Representatives shall, in offenses punishable by not more than six sessions if the reason for the absence is a legitimate one,
years imprisonment, be privileged from arrest while the Congress is such as arrest
in session. No Member shall be questioned nor be held liable in any
other place for any speech or debate in the Congress or in any Equal Protection
committee thereof.”  All prisoners are allowed temporary leaves when there are
emergency or compelling reasons (i.e. medical reasons)
FACTS  To attend legislative sessions and committee meetings
 Romeo Jalosjos, the representative of the First District of are not emergency reasons that would allow a temporary
Zamboanga Del Norte, was confined at the national penitentiary leave from prison
awaiting the decision of his appeal on his conviction of two counts of  Jalosjos can perform his duties and functions as a
statutory rape and six counts of acts of lasciviousness congressman, albeit to a limited degree, while in prison
o Statutory rape is punishable by reclusion perpetua
 To allow Jalosjos to attend congressional sessions and
committee meetings for five days or more in a week would
essentially make him a free man
 Being a public official is not a substantial distinction that
would separate one from the rest of the regular prisoners
 Thus, allowing Jalosjos to attend congressional sessions
and committee meetings would be a violation of equal
protection
RULING
 WHEREFORE, the instant motion is hereby DENIED.

People vs. Jalosjos Digest

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 Jalosjos filed a motion to be allowed to fully discharge the duties of a

People vs. Jalosjos Congressman, including attendance at legislative sessions and

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