Case No.

50
People v. Jalosjos
G.R. No. 132875-76, February 3, 2000
Facts:
Accused-appellant, Romeo Jalosjos, a full-fledged member of Congress who is
confined at the national penitentiary while his conviction for statutory rape and
acts of lasciviousness is pending appeal. The accused-appellant filed a 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 offence in the basis
of popular sovereignty and the need for his constituent to be represented.
Issue:
Whether or not being an elective official result in a substantial distinction allows
different treatment and is being a Congressman a substantial differentiation
which removes the accused-appellant as a prisoner from the same class as all
persons validly confined under law?
Held:
The performance of legitimate and even essential duties by public offices has
never been an excuse to free a person validly in prison. The duties imposed by
the mandate of the people are multifarious. Congress continues to function
well in the physical absence of one or a few of its members. The Court cannot
validate badges of inequality. Bing elected as Congressman is not a reasonable
classification in criminal law enforcement. The functions and duties of the office
are not substantial distinctions which lift him from the class of prisoners
interrupted in their freedom and restricted in their liberty of movement. Lawful
arrest and confinement are germane to the purposes of the law and apply to all
those belonging to the same class. The immunity from arrest or detention of
Senators and members of the House of Representatives, the latter addressed as
Congressmen, arises from a provision of the Constitution. The history of the
provisions shows that the privilege 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, implications or equitable considerations. Emergency or compelling
temporary leaves from imprisonment are allowed to all prisoners, at the
discretion of the authorities or upon court orders. What the accused-appellant
seeks is not of an emergency nature. Allowing accused-appellant to attend
congressional sessions and committee meetings for five (5) days or more in a
week will virtually make him a free man with all the privileges appurtenant to his
position. Such an aberrant situation not only elevates accused-appellant's status
to that of a special class, it also would be a mockery of the purposes of the
correction system.