University of the Philippines College of Law

JTR III, 1-D

Topic Freedom from Arrest

Case No. GR. No. 132875-76/February 3, 2000
Case Name People of the Philippines v. Romeo T. Jalosjos
Ponente YNARES-SANTIAGO, J.

SUMMARY
Jalosjos cannot be exempted from Art. VI sec 11 of the constitution which governs a congress members
privilege from arrest

RELEVANT FACTS
Jalosjos is a full-fledged member of congress who is now confined at the national penitentiary while his
conviction for statutory rape and acts of lasciviousness is pending appeal. He filed this motion asking
that he be allowed to fully discharge the duties of a congressman, including attendance in legislative
sessions and committee meetings despite him having been convicted in the first instance of a non-
bailable offense.
The primary basis of Jalosjos Motion To Be Allowed To Discharge Mandate As A Member of the HoR is
the mandate of sovereign will the sovereign electorate of the first district of Zamboanga del Norte
chose him as representative; having been re-elected by his constituents, he has the duty to perform the
functions of a congressman
ISSUE
W/N membership in congress exempts an accused from statutes and rules which apply to validly
incarcerated persons in general

RATIO DECIDENDI
Issue
W/N membership in congress
exempts an accused from
statutes and rules which
apply to validly incarcerated
persons in general
Ratio
NO.
1. The privileges and rights arising from having been elected may be
enlarged or restricted by law
2. All top officials of Government -- executive, legislative, and judicial are
subject to the majesty of law the immunity from arrest or detention
of senators and members of the HoR arises from a provision of the
constitution
a. Art. VI, Sec. 11 of the 1987 constitution Jalosjos has not given
any reason who he should be exempted from the operation of
this statute!
b. The history of the provision 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, implication or equitable considerations.
3. Jalosjos states that the plea of the electorate which voted him into office
cannot be supplanted by unfounded fears that he might escape eventual
punishment if permitted to perform congressional duties outside his
regular place of confinement.
a. But when a warrant of arrest was issued against him, he fled and
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evaded capture despite a call from his colleagues in the HoRs for
him to attend the sessions and to surrender voluntarily to the
authorities what he wants cant be countenanced since it
would be a mockery of the states penal system
4. Jalosjos argues that on several instances, the RTC of Makati granted
several motions to temporarily leave his jail cell in the Makati City Jail for
official or medical reasons, and the same when he was transferred to
New Bilibid no showing that these privileges are peculiar to him or to a
member of congress
a. What he seeks is NOT emergency nature of leave attending
congressional sessions 5 days or more in a week will virtually
make him a free man
5. He also claims that the concept of temporary detention does not
necessarily curtail his duty to discharge his mandate and that he has
always complied with the conditions/restrictions when he is allowed to
leave jail
a. He has been discharging his mandate as a member of the HoR
naman even if presently detained! He shouldnt be even allowed
to do these
6. When voters elected him, they did so with full awareness of the
limitations on his freedom of action. They did so with the knowledge that
he could achieve only such legislative results which he could accomplish
within the confines of prison

On equal protection: Does NO

being an elective official 1. Never has the call of a particular duty lifted a prisoner into a different
result in a substantial classification from those others who are validly restrained by law. the
distinction that allows court cannot validate badges of inequality
different treatment? 2. Election to the position of Congressman is not a reasonable classification
in criminal law enforcement.
3. 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 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

RULING
WHEREFORE, the instant motion is hereby DENIED

SEPARATE OPINIONS: GONZAGA-REYES, J.

NOTES: People v Jalosjos, November 16, 2001 (This case does not deal with freedom from arrest since it
already deals with the conviction of Jalosjos, so I will just discuss it here quickly)
Facts: The victim is 11 year-old Rosilyn Delantar, a girl peddled for commercial sex by her own guardian,
Simplicio Delantar, whom she treats like a foster father. He brought her to the office of Jalosjos in the guise of
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the promise to make her an actress. After this, Simplicio repeatedly brought Rosilyn to the Ritz Towers
Condominium of Jalosjos where she was repeatedly sexually violated by Jalosjos in exchange for money. Rosilyn
only managed to escape with the help of Yamie Estreta, one of the boarders in the house of Simplicio, where
Rosilyn was then taken to the custody of the DSWD. The NBI then conducted an investigation. She was
examined by Dr. Aranas at Camp Crame and determined she is in a physically non-virgin state and that there are
no external signs of application of any form of violence.
On his part, Jalosjos provided facts proving he was in Dipolog on the dates he allegedly abused Rosilyn in
his condominium, and stated it was his brother Jun whom Simplico and Rosilyn met for the sole purpose of
assessing her singing and modeling potentials. There was no mention of any sexual encounter with Rosilyn.
Jalosjos was proven beyond reasonable doubt guilty in 2 counts of statutory rape and 6 counts of acts of
lasciviousness by the RTC. This decision is what is being appealed in this case.

Ratio: SUSTAINED
Jalosjos testimony is focused on the issues of credibility.
According to him, the fact that the trial court sustained his defense of alibi in the said cases only shows that
Rosilyn concocted her stories and the rest of her testimony ought not to be believed he urges the
application of the doctrine of falsus in uno falsus in omnibus (false in part, false in everything), but this is
not an absolute rule of law and is in fact rarely applied in modern jurisprudence
o The assessment of the credibility of witnesses is best made by the trial court because of its
untrammeled opportunity to observe their demeanor on the witness stand
o Even if Rosilyn gave ambiguous answers during her lengthy ordeals on the witness stand, they refer
merely to minor and peripheral details which do not in any way detract from her firm and
straightforward declaration that she had been molested and subjected to lascivious conduct by
accused- appellant. even the most candid witness oftentimes makes mistakes and confused
statements!
o If there is an inconsistency between the affidavit of a witness and her testimonies given in open
court, the latter commands greater weight than the former
People v. Campuhan: Rape is consummated by the slightest penetration of the female organ, i.e., touching
of either labia of the pudendum by the penis no need for full penetration!
o No showing that technicalities of rape were fully explained to Rosilyn by the NBI nor DSWD social
workers cant expect her to intelligibly declare that Jalosjos act of pressing his sex organ against
her labia without full entry of the vaginal canal amounted to rape.
The records reveal that Rosilyn positively and unhesitatingly identified Jalosjos at the courtroom this
cannot be diminished that she referred to him based on the name she heard from the person to whom she
was introduced and on the name she saw and read in Jalosjos office a persons identity does not depend
solely on his name, but also on his physical features!
o If out of court identification is defective, subsequent identification in court cured any flaw that may
have initially attended it
Rosilyns age was proven thru her baptismal certificate! (any documentary evidence such as baptismal
certificate, school records, etc.)
Carnal knowledge of a child below twelve years old even if she is engaged in prostitution is still considered
statutory rape; Absence of struggle or outcry of the victim or even her passive submission to the sexual act
will not mitigate nor absolve the accused from liability
o The law presumes that a woman of tender age does not possess discernment and is incapable of
giving intelligent consent to the sexual act.