PEOPLE V.

JALOSJOS
NO. 132875-76 | November 16, 2001| EN BANC, Ynares-Santiago | ATTENDANCE OF SESSION

APPELLANT-Romeo G. Jalosjos
SUMMARY: Jalosjos, a member of the congress, was found to be guilty of the crimes of statutory rape on two accounts
and acts of lasciviousness on six accounts. A petition was filed by Jalosjos to be allowed to fully discharge the duties of a
congressman, including to attendance of legislative sessions and committee hearings even though convicted of a non-
bailable offense.
DOCTRINE/TOPIC: ARTICLE 6, SECTION 11
Article 6, section 11: A Senator or Member of the
FACTS: House of Representatives shall, in all offenses
 Jalosjos, a fully-pledged member of the punishable by not more than six years imprisonment,
congress, is serving sentence at the national be privileged from arrest while the Congress is in
penitentiary for being convicted for statutory session. No Member shall be questioned nor be held
rape and acts of lasciviousness on several liable in any other place for any speech or debate in
accounts. the Congress or in any committee thereof.cr
PETITION RATIO:
 He petitions to be allowed to fully discharge  Everyone, including officials of executive,
his duties as a congressman, including the legislative or judiciary, are always subject to
duty of attendance to legislative sessions the majesty of the law: moreso if one is an
and committee hearings. official. The provision in the constitution has
DEFENSE: always been granted in a restrictive or
 His primary argument is the mandate of limited sense. It is shown the history of its
sovereign will: he was elected by the provision in the constitution.
people, the source of sovereign power  Appellant’s use of the Aguinaldo v. Santos
(Article 2, section 1) ruling has no bearing. Confinement pending
 Deprivation of his attendance is tantamount appeal is not a removal from his position. He
to taxation w/o representation remains to be a member of the house unless
 A precedent-setting U.S. ruling allowed a he be disqualified or expelled by the
detained lawmaker to attend sessions of the Congress.
U.S. Congress.
 The House treats accused-appellant as a
bona fide member thereof and urges a co-
equal branch of government to respect its
mandate.
 The accused-appellant argues that a
member of Congress' function to attend
sessions is underscored by Section 16 (2),
Article VI of the Constitution which states
that — A majority of each House shall
constitute a quorum to do business, but in
the previous smaller number may adjourn
from day to day and may compel the
attendance of absent Members in such
manner, and under such penalties, as such
House may provide.
ISSUE:
 WON Jalosjos should be allowed to fully
discharge mandate, being a member of
house of representatives
RULING:
 Petition was denied. Allowance to leave
prison should be based with a nature of
emergency. To allow him to attend the said
events is to make a mockery of the justice
system. An elected official is not made an
exception to the rules of law.
DOCTRINE/TOPIC: