Beruflich Dokumente
Kultur Dokumente
691
690
Same; Election to the position of Congressman is not a liability of a public officer is separate and distinct from his penal
reasonable classification in criminal law enforcement.—We, liability.
therefore, find that election to the position of Congressman is not
MOTION to be allowed to discharge duties as
a reasonable classification in criminal law enforcement. The
Congressman.
functions and duties of the office are not substantial distinctions
which lift him from the class of prisoners interrupted in their The facts are stated in the resolution of the Court.
freedom and restricted in liberty of movement. Lawful arrest and The Solicitor General for plaintiff-appellee.
confinement are germane to the purposes of the law and apply to Prospero Cresceni; Gancayco, Balasbas & Associates
all those belonging to the same class. Law Offices; Saguisag & Associates; Balisado Law Office;
and Lazaro Law Firm for accused-appellant.
GONZAGA-REYES, J., Concurring Opinion
692
VOL. 324, FEBRUARY 3, 2000 693
People vs. Jalosjos
692 SUPREME COURT REPORTS ANNOTATED
1
People vs. Jalosjos 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,
Same; Accused-appellant, having been convicted of statutory
including attendance at legislative sessions and committee
rape which is punishable by reclusion perpetua is not entitled to
meetings despite his having been convicted in the first
the privilege of parliamentary immunity.—The accused-appellant,
instance of a non-bailable offense.
having been convicted of statutory rape which is punishable by
The issue raised is one of first impression.
reclusion perpetua, an afflictive penalty, is obviously not entitled
Does membership in Congress exempt an accused from
to the privilege of parliamentary immunity and, proceeding from
statutes and rules which apply to validly incarcerated
the above stated rationale for legislative immunity, a liberal
persons in general? In answering the query, we are called
construction of the constitutional privilege is not in order.
upon to balance relevant and conflicting factors in the
Same; Doctrine of forgiveness or condonation cannot apply to judicial interpretation of legislative privilege in the context
criminal acts which the re-elected official may have committed of penal law.
during his previous term.—Accused-appellant’s contention that The accused-appellant’s “Motion To Be Allowed To
his reelection constitutes a renewal of his mandate and that such Discharge Mandate As Member of House of
an expression of the popular will should not be rendered inutile by Representatives” was filed on the grounds that—
even the police power of the State is hollow. In Aguinaldo v.
Comelec, Aguinaldo v. Santos and in Salalima v. Guingona we 1. Accused-appellant’s reelection being an expression
laid down the doctrine that a public official cannot be removed for of popular will cannot be rendered inutile by any
administrative misconduct committed during a prior term, since ruling, giving priority to any right or interest—not
his re-election to office operates as a condonation of the officer’s even the police power of the State.
previous misconduct to the extent of cutting off the right to 2. To deprive the electorate of their elected
remove therefor. This doctrine of forgiveness or condonation representative amounts to taxation without
cannot apply to criminal acts which the re-elected official may representation.
have committed during his previous term. The administrative
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To bar accused-appellant from performing his duties of a position. In fact, the higher the rank, the
3. duties amounts to his suspension/removal and greater is the requirement of obedience rather than
mocks the renewed mandate entrusted to him by exemption.
the people. The immunity from arrest or detention of Senators and
4. The electorate of the First District of Zamboanga members of the House of Representatives, the latter
del Norte wants their voice to be heard. customarily addressed as Congressmen, arises from a
5. A precedent-setting U.S. ruling allowed a detained provision of the Constitution. The history of the provision
lawmaker to attend sessions of the U.S. Congress. shows that the privilege has always been granted in a
restrictive sense. The provision granting an exemption as a
6. The House treats accused-appellant as a bona fide
special privilege cannot be extended beyond the ordinary
member thereof and urges a co-equal branch of
meaning of its terms. It may not be extended by
government to respect its mandate.
intendment, implication or equitable considerations.
7. The concept of temporary detention does not
necessarily curtail the duty of accused-appellant to 695
discharge his mandate.
VOL. 324, FEBRUARY 3, 2000 695
________________ People vs. Jalosjos
1 RTC Decision, pp. 54-55.
The 1935 Constitution provided in its Article VI on the
694 Legislative Department:
The present Constitution adheres to the same restrictive 2 212 SCRA 768, at 773 [1992].
rule minus the obligation of Congress to surrender the
697
subject Congressman to the custody of the law. The
requirement that he should be attending sessions or
committee meetings has VOL. 324, FEBRUARY 3, 2000 697
696 People vs. Jalosjos
suspension is not
698 SUPREME COURT REPORTS ANNOTATED
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People vs. Jalosjos
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No less than accused-appellant himself admits that like the accused-appellant as a prisoner from the same class as
any other member of the House of Representatives “[h]e is all persons validly confined under law?
provided with a congressional office situated at Room N- The performance of legitimate and even essential duties
214, North Wing Building, House of Representatives by public officers has never been an excuse to free a person
Complex, Batasan Hills, Quezon City, manned by a full validly in prison. The duties imposed by the “mandate of
complement of staff paid for by Congress. Through [an] the people” are multifarious. The accused-appellant asserts
inter-department coordination, he is also provided with an that the duty to legislate ranks highest in the hierarchy of
office at the Administration Building, New Bilibid Prison, government. The accused-appellant is only one of 250
Muntinlupa City, where he attends to his constituents.” members of the House of Representatives, not to mention
Accused-appellant further admits that while under the 24 members of the Senate, charged with the duties of
detention, he has filed several bills and resolutions. It also legislation. Congress continues to function well in the
appears that he has been receiving his salaries and other physical absence of one or a few of its members. Depending
monetary benefits. Succinctly stated, accused-appellant has on the exigency of Government that has to be addressed,
been discharging his mandate as a member of the House of the President or the Supreme Court can also be deemed the
Representative consistent with the restraints upon one who highest for that particular duty. The importance of a
is presently under detention. Being a detainee, accused- function depends on the need for its exercise. The duty of a
appellant should not even have been allowed by the prison mother to nurse her infant is most compelling under the
authorities at the National Penitentiary to perform these law of nature. A doctor with unique skills has the duty to
acts. save the lives of those with a particular affliction. An
When the voters of his district elected the accused- elective governor has to serve provincial constituents. A
appellant to Congress, they did so with full awareness of police officer must maintain peace and order. Never has the
the limitations on his freedom of action. They did so with call of a particular duty lifted a prisoner into a different
the knowledge that he could achieve only such legislative classification from those others who are validly restrained
results which he could accomplish within the confines of by law.
prison. To give a more drastic illustration, if voters elect a A strict scrutiny of classifications is essential lest
person with full knowledge that he is suffering from a wittingly or otherwise, insidious discriminations are 8
made
terminal illness, they do so knowing that at any time, he in favor of or against groups or types of individuals.
may no longer serve his full term in office. The Court cannot validate badges of inequality. The
In the ultimate analysis, the issue before us boils down necessities imposed by public welfare may justify exercise
to a question of constitutional equal protection. of gov-
The Constitution guarantees: “x x x nor
6
shall any person
be denied the equal protection of laws.” This simply means _______________
that all persons similarly situated shall be treated alike
both in 7 Ichong v. Hernandez, 101 Phil. 1155.
8 Skinuer v. Oklahoma, 315 US 535.
_______________
702
6 Art. III, Sec. 1.
701
702 SUPREME COURT REPORTS ANNOTATED
People vs. Jalosjos
VOL. 324, FEBRUARY 3, 2000 701
eminent authority to regulate even if thereby certain
People vs. Jalosjos groups may9 plausibly assert that their interests are
7
disregarded.
rights enjoyed and responsibilities imposed. The organs of We, therefore, find that election to the position of
government may not show any undue favoritism or Congressman is not a reasonable classification in criminal
hostility to any person. Neither partiality nor prejudice law enforcement. The functions and duties of the office are
shall be displayed. not substantial distinctions which lift him from the class of
Does being an elective official result in a substantial prisoners interrupted in their freedom and restricted in
distinction that allows different treatment? Is being a liberty of movement. Lawful arrest and confinement are
Congressman a substantial differentiation which removes
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germane to the purposes of10the law and apply to all those Kapunan, Panganiban, Quisumbing, Purisima,
belonging to the same class. Pardo, Buena and De Leon, Jr., JJ., concur.
Imprisonment is the restraint of a man’s personal Davide, Jr. (C.J.), And also in the separate opinion
liberty; coercion exercised upon a person
11
to prevent the free of Hon. Justice Reyes.
exercise of his power of locomotion. Bellosillo and Puno, JJ., We concur with the main
More explicitly, “imprisonment” in its general sense, is and separate opinion.
the restraint of one’s liberty. As a punishment, it is Melo, J., I join the majority as well as the separate
restraint by judgment of12a court or lawful tribunal, and is opinion.
personal to the accused. The term refers to the restraint Vitug, J., I concur in both the ponencia and the
on the personal liberty of another; any prevention of his separate opinion.
movements from place to place, or of 13
his free action Mendoza, J., I concur in this as well as in the
according to his own pleasure and will. Imprisonment is separate opinion of Justice Gonzaga-Reyes.
the detention of another14 against his will depriving him of Gonzaga-Reyes, J., See separate concurring opinion.
his power of locomotion and it “[is] something more than
mere loss of freedom. It includes the notion of restraint
15 _________________
within limits defined by wall or any exterior barrier.”
16 Sheldon, Krantz, 1988 Supplement. The Law of Correction and
Prisoners’ Rights, 3rd Ed., p. 121.
________________
17 Ibid.
9 See Fernando, Constitution of the Philippines, 2nd Edition, p. 548.
10 See Felwa v. Salas, 18 SCRA 606 [1966]; Ichong v. Hernandez, 101 704
6 Art. VIII, sec. 9—A member of the Batasang Pambansa shall, in all merely being arrested. As a matter of fact, he has already
offenses punishable by not more than six years imprisonment, be been arrested, tried and convicted by the trial court.
privileged from arrest during his attendance at its sessions, and in going
to and returning from the same; but the Batasang Pambansa shall ________________
surrender the member involved to the custody of the law within twenty-
four hours after its adjournment for a recess or for its next session, 9 Mechem, F. R., A Treatise on the Law of Public Offices and Officers
otherwise such privilege shall cease upon its failure to do so. A member (1890), 431.
shall not be questioned nor held liable in any other place for any speech or 10 Supra.
debate in the Batasan or in any committee thereof.
708
7 1987 Constitution, II RECORD 90.
8 Ibid., 178-185.
708 SUPREME COURT REPORTS ANNOTATED
707
People vs. Jalosjos
709
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