People of the Philippines, plaintiff-appellee

vs.
Romeo G. Jalosjos, accused-appellant
GR Nos. 132875-76, February 3, 2000

Facts:
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. Jalosjos, filed a motion asking that he be allowed to fully discharge his duties of a Congressman
including attendance at legislative sessions and committee meetings despite his having convicted in the
first instance including of a non-bailable offense.
Jalosjos argument is the mandate of sovereign will which he states that he was re-elected as
Congressman of Firs District of Zamboanga del Norte by his constituents in order that their voices will be
heard and since the accused-appellant is treated as bona fide member of the House of Representatives,
the latter urges co-equal branch of government to respect his mandate.

Issue:
Whether or not accused-appellant, Romeo G. Jalosjos, be allowed to discharge his mandate as member
of the House of Representatives.

Held/Ruling:
No. The immunity from arrest or detention of Senators or members of the House of Representatives
arises from a provision of the Constitution and shows that this privilege has always been granted in a
restrictive sense.
It is true, that election is the expression of the sovereign power of the people. However, the rights and
privileges from being elected as public official may be restricted by law. Privilege has to be granted by
law, not inferred from the duties of a position, the higher the rank the greater the requirement of
obedience rather that exemption.
The accused-appellant Romeo Jalosjos has not given any reason why he should be exempted from the
operation of Section 11 Article VI of the Constitution. The members of Congress cannot compel absent
members to attend sessions if the reason for the abuse is a legitimate one. The confinement of a
Congressman with a crime punishable imprisonment by more than six (6) months is not merely authorized
by law, has constitutional foundations. Allowing Jalosjos to attend in Congressional sessions and
meetings for five (5) days in a week which will make him a free man with all the privileges and would
make his status to that of a special class, it also would be a making of the purpose of the correction
system.