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People vs Jalosjos

FACTS:

The accused-appellant, Romeo G. Jalosjos is a full-fledged member of Congress who is


now confined at the national penitentiary while his conviction for statutory rape on two
counts and acts of lasciviousness on six counts is pending appeal. The accused-
appellant filed this motion asking that he be allowed to fully discharge the duties of a
Congressman, including attendance at legislative sessions and committee meetings
despite his having been convicted in the first instance of a non-bailable offense.

ISSUE:

Whether or not Jalosjos, by virtue of his reelection to Congress should be allowed to


attend the legislative sessions and committee hearings despite having been convicted of
a non-bailable offense.

HELD:

No, Jalosjos should not be allowed to attend the legislative sessions and committee
hearings given that he has already been convicted of a non-bailable offense.

Section II, Article VI of the Constitution provides that a member of Congress shall be
immune from arrest or detention immunity from arrest only if the offense is punishable by
not more than 6 years imprisonment.

The privilege from arrest of members of Congress has always been granted in a
restrictive sense. The provision granting an exemption as a special privilege cannot be
extended beyond the ordinary meaning of its terms. It may not be extended by
intendment, implication or equitable considerations.

The accused-appellant has not given any reason why he should be exempted from the
operation of Sec.11, Art. VI of the Constitution. The members of Congress cannot
compel absent members to attend sessions if the reason for the absence is a legitimate
one. The confinement of a Congressman charged with a crime punishable by
imprisonment of more than six years is not merely authorized by law, it has constitutional
foundations.

Being an elective official does not result in a substantial distinction that allows different
treatment when it comes to incarceration. Also, being a Congressman is not a
substantial differentiation which removes the accused-appellant as a prisoner from the
same class as all persons validly confined under law.

Wherefore, the motion of petition is DENIED.

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