• __

---------------------------------------------------------
People v. Jalosjos
Class Topic/Badge: Senators and Representatives
G.R. Nos. 132875-76 November 16, 2001
FULL TEXT: https://www.lawphil.net/judjuris/juri2001/nov2001/gr_132875_2001.html
PONENTE: YNARES-SANTIAGO, J.:
HELD/RATIO:
True, election is the expression of the sovereign power of the
people. In the exercise of suffrage, a free people expects to
achieve the continuity of government and the perpetuation of its
benefits. However, in spite of its importance, the privileges and
rights arising from having been elected may be enlarged or
restricted by law. A person charged with crime is taken into
custody for purposes of the administration of justice.
Imprisonment is the restraint of a man’s personal liberty; coercion
exercised upon a person to prevent the free exercise of his power
to locomotion. Incarceration changes an individual’s statues in
society.

Consuelo Ynares-Santiago
Justice
Note-worthy: Petitioner claims that fear that he might escape
eventual punishment if permitted to perform congressional duties
outside his regular place of confinement (AKA Bilibid) is
unfounded. But when a warrant for his arrest was issued, he fled
and evaded capture despite a call from his colleagues in the
House of Reps for him to attend the sessions and to surrender
voluntarily to the authorities
DECISION/FALLO
Recit-Ready Digest:
“WHEREFORE, the Decision of the Regional Trial Court of Makati,
Branch 62, in Criminal Case Nos. 96-1985 and 96-1986 finding Cong. Romeo Jalosjos, imprisoned in the national penitentiary for
accused-appellant Romeo Jalosjos guilty beyond reasonable
two counts of rape and acts of lasciviousness, filed motion asking
doubt of two counts of statutory rape, and sentencing him to
to be allowed to fully discharge duties of a Congressman (i.e. to
suffer the penalty of reclusion perpetua for each count, is
AFFIRMED. Likewise, the appealed Decision of the Regional Trial attend legislative sessions, committee meetings) despite having
Court of Makati, Branch 62 in Criminal Case Nos. 96-1987, 96- been convicted in the first instance of a non-bailable offense. He
1988, 96-1989, 96-1990, 96-1992, and 96-1993, finding accused- claims the people chose him to represent them in Congress so he
appellant guilty beyond reasonable doubt of acts of should be allowed to attend sessions freely (5 times a week). But
lasciviousness in six counts, is AFFIRMED with MODIFICATIONS. the court ruled that members of Congress are not exempt from
As modified, accused-appellant is sentenced to suffer, for detention for crime. They may be arrested even when the house
each count of acts of lasciviousness, the indeterminate penalty is in session, for crimes punishable by a penalty of more than six
of twelve years (12) and one (1) day of reclusion temporal, as months.
minimum, to fifteen (15) years, six (6) months and twenty (20)
---------------------------------------------------------
days of reclusion temporal as maximum. Further, accused-
appellant is ordered to pay the victim, Ma. Rosilyn Delantar,
the additional amount of P50,000.00 as civil indemnity for each
count of statutory rape and acts of lasciviousness. Finally, the
award of moral damages for each count of acts of
lasciviousness is increased to P50,000.00.

SO ORDERED.”

FACTS (PARTIES)
PETITIONER: PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

RESPONDENT: ROMEO G. JALOSJOS, accused-appellant.

FACTS:
Jalosjos was re-elected as Representative of 1st District of
Zamboanga del Norte despite the fact that he was incarcerated
for two counts of rape and acts of lasciviousness.

Filed “Motion to be Allowed To Discharge Mandate As Member

of House of Representatives” Primary argument of petitioner: the
“mandate of sovereign will” – claims he has the duty to perform
functions of a Congressman (attend sessions, blahblah) to be
able to represent the people of his district.

ISSUE:
W/N membership in Congress exempts petitioner from statutes
and rules which apply to validly incarcerated persons in general