PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
ROMEO G. JALOSJOS, accused-appellant.
2000 Feb 3 En Banc G.R. Nos. 132875-76

FACTS:

The accused-appellant, Romeo Jalosjos, is 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 offense on the basis of popular
sovereignty and the need for his constituents to be represented.

ISSUE:

Whether or not accused-appellant should be allowed to discharge mandate as

member of House of Representatives?
RULING:

Election is the expression of the sovereign power of the people. However, in spite
of its importance, the privileges and rights arising from having been elected may
be enlarged or restricted by law. The immunity from arrest or detention of Senators
and members of the House of Representatives arises from a provision of the
Constitution. 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,
implication or equitable considerations.

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. To allow accused-
appellant to attend congressional sessions and committee meetings for 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.