People vs. Jalosjos (G.R. No.

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.

Jalosjos’ primary argument is the "mandate of sovereign will." He states that the sovereign
electorate of the First District of Zamboanga del Norte chose him as their representative in
Congress. Having been re-elected by his constituents, he has the duty to perform the
functions of a Congressman. He calls this a covenant with his constituents made possible by
the intervention of the State. He adds that it cannot be defeated by insuperable procedural
restraints arising from pending criminal cases.

Jalosjos further argues that on several occasions, the Regional Trial Court of Makati granted
several motions to temporarily leave his cell at the Makati City Jail, for official or medical
reasons.

Jalosjos avers that his constituents in the First District of Zamboanga del Norte want their
voices to be heard and that since he is treated as bona fide member of the House of
Representatives, the latter urges a co-equal branch of government to respect his mandate.

Issue:
Whether or not accused-appellant should be allowed to discharge mandate as member of
House of Representatives and to leave his cell.

Held:
To allow accused-appellant to attend congressional sessions and committee meetings will
virtually make him a free man.

When the voters of his district elected the accused-appellant to Congress, 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. To give a more drastic illustration, if voters elect a person with full
knowledge that he is suffering from a terminal illness, they do so knowing that at any time,
he may no longer serve his full term in office.

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.

In the ultimate analysis, the issue before us boils down to a question of constitutional equal
protection.
The Constitution guarantees: "x x x nor shall any person be denied the equal protection of
laws." This simply means that all persons similarly situated shall be treated alike both in
rights enjoyed and responsibilities imposed. The organs of government may not show any
undue favoritism or hostility to any person. Neither partiality nor prejudice shall be
displayed.

Does being an elective official result in a substantial distinction that allows different
treatment? 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?

The performance of legitimate and even essential duties by public officers has never been an
excuse to free a person validly in prison.

The Court cannot validate badges of inequality. The necessities imposed by public welfare
may justify exercise of government authority to regulate even if thereby certain groups may
plausibly assert that their interests are disregarded.

We, therefore, find that election to the position of 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 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.

People v. Jalosjos [G.R. Nos. 132875-76. February 3, 2000]

08OCT

FACTS

The accused-appellant, 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. The accused-appellant filed this 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.

ISSUE

Whether or not being a Congressman is a substantial differentiation which removes the accused-
appellant as a prisoner from the same class as all persons validly confined under law by reason of the
“mandate of the sovereign will”.

RULING

NO. While the Constitution guarantees: “x x x nor shall any person be denied the equal protection of
laws.”, this simply means that all persons similarly situated shall be treated alike both in rights enjoyed
and responsibilities imposed. The duties imposed by the “mandate of the people” are multifarious. The
Court cannot validate badges of inequality. The necessities imposed by public welfare may justify
exercise of government authority to regulate even if thereby certain groups may plausibly assert that
their interests are disregarded. Here, election to the position of 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
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. Hence, the performance of legitimate and even essential duties
by public officers has never been an excuse to free a person validly in prison.