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61792647 People v Jalosjos

61792647 People v Jalosjos

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Published by Rm Galvez

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Published by: Rm Galvez on Dec 10, 2012
Copyright:Attribution Non-commercial


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Rape is a crime against human dignity, punishable by reclusion perpetua ordeath, particulary odious when committed against a minor. There were six othercases where the Jalosjos was acquitted of the charges of acts of lasciviousness forfailure of the prosecution to prove his guilt beyond reasonable doubt. Eleven yearold Rosilyn Delantar accused Romeo G. Jalosjos of sexual impropriety against her onthe dates of June 18 & 20, 1996, at the Ritz Towers, Makati City. The rest of theinformation provided for lascivious conduct only. Allegedly, he paid Php10k, Php5k& Php5k on different dates. She was pimped by her homosexual adopted fatherSimplicio Delantar since the age of 9 (she was born in 1985) and first met Jalosjos inFebruary 1996. He let her stay nights in his condominium unit and repeatedly kepttrying to have sex with her, saying, “After all, I am your daddy” until, on the datesmentioned, he succeeded. This went on for some months until Rosilyn ran away inAugust 1996, when she was taken to DSWD and the NBI conducted an investigationinto her rape claims. Jalosjos claimed that it was his brother Dominador who Rosilyn met and hewas in the province allegedly at the time the sexual advances took place. This issuewas allegedly crafted by his political enemies to put him at a disadvantage.chadosorioHe was found guilty and sentenced to reclusion perpetua and Php50k foreach count of rape (2), and reclusion temporal and Php20k damages for each countof acts of lasciviousness (6).
1.[Main Case] Is the reliance of the trial court on the witness’s credibilitysufficient to hand him such sentence? chadosorio2.[Offshoot Case] Can a legislator perform his duties thru legislative sessionsand committee meetings despite having been incarcerated due to a non-bailable offense?
1.Is the reliance of the trial court on the witness’s credibilitysufficient to hand him such sentence?
"Falsus in uno falsus in omnibus” 
(false in part, false ineverything). The fact that the trial court accepted his alibi means that Rosilyn’sstory was concocted in part, and therefore her whole testimony falls. Plus, it’s not
even justified that Rosilyn was a minor because we shouldn’t rely on her birthcertificate, which was expunged from the NSO. chadosorio
It is perfectly reasonable to believe the testimony of a witness withrespect to some facts and disbelieve it with respect to other facts. In People vs.Keller, it was seen that
Testimony may be partly credited and partly rejected.
--- Trier of facts are notbound to believe all that any witness has said; they may accept someportions of his testimony and reject other portions, according to what seemsto them, upon other facts and circumstances to be the truth… Even whenwitnesses are found to have deliberately falsified in some materialparticulars, the jury are not required to reject the whole of theiruncorroborated testimony, but may credit such portions as they deem worthyof belief.”No woman would accuse someone of defloration if she did not want theculprit apprehended and punished, because of the accompanying shame of theinvestigation to prove such accusation. Her hesitation and uncertainty to answersome of the questions were how rape victims answered in real life, and not mereacting. The fact that Rosilyn did not specify rape in her affidavits against Jalosjosdoes not mean that it never occurred, because rape is too much of a technical termfor such a young child.In
People v. Campuhan
, “rape is consummated by the slightest penetration of the female organ,
touching of either labia of the pudendum by the penis.” There need not be full and complete penetration of the victim’s vagina for rape tobe consummated. There was no case originally against Jalosjos, because the original case filedwas against the pimp Simplicio Delantar, it was just that Jalosjos was identified inthe pictures. Since rape is a crime against persons, any prosecutor can move onwith legal action, not necessarily the victim herself.It is settled that in cases of statutory rape, the age of the victim may beproved by the presentation of her birth certificate. However, even assuming theabsence of a valid birth certificate, there is sufficient and ample proof of thecomplainant’s age in the records, like baptismal certificate, hospital records (JoseFabella Memorial Hospital: master list if births, date and time of pregnant mother’sconfinement), et cetera. chadosorio
2.Can a legislator perform his duties thru legislative sessionsand committee meetings despite having been incarcerated dueto a non-bailable offense?
His functions as a representative of the First District of Zamboangadel Norte, whose electorate chose him by mandate of sovereign will, should not beimpeded by the constraints of a pending criminal case. chadosorioHe cited
 Aguinaldo v. Santos:
 The Court should never remove a public officer for acts done prior to his presentterm of office. To do otherwise would be to deprive the people of their right to electtheir officers. When a people have elected a man to office, it must be assumed thatthey did this with the knowledge of his life and character, and that they disregardedor forgave his fault or misconduct, if he had been guilty of any. It is not for theCourt, by reason of such fault or misconduct, to practically overrule the will of thepeople.“I will not escape, given the chance to perform my legislative duties. Besides,I’ve been allowed to leave before to attend to my legislative functions. This mustnot hinder my ability to serve my constituents. The duty to the legislative rankshighest in government.”
 The higher the rank, the greater should the obedience be, not theentitlement to exemption.Confinement pending appeal does not remove the rights of him being a publicofficer. It’s merely to protect society. Public self-defense is an example and awarning to others. It is the injury to the public which State action in criminal lawseeks to redress, and since rape is a criminal offense, the person must beanswerable to procedures governing criminal law. chadosorio The first time the case was filed he only came forward after a long period of time hiding due to the pleas of his fellow HoR members. There is no guarantee thathe will not go into hiding again. His securing of permission to leave the prisonbefore was based on a case-to-case basis due to emergencies, and should not beconsidered the rule. Giving him a 5-day week (regular Congress sessions) wouldvirtually make him a free man. His incarceration does not prevent him from filingbills and resolutions: his two fully-manned offices in Batasan Hills and New BilibidPrison attest to that. The people who voted for Jalosjos, knowing that he has beenconvicted, know of the fact of his incarceration, and it is their belief that he canfulfill his duties regardless of his sentence. It does not mean that just because thepeople voted for him he was automatically believed to be innocent by them. The equal protection of laws apply to this case, meaning that people insimilar circumstances must be treated by the law similarly. Jalosjos should not begiven privilege due to his position, and must be treated the way other convictedpeople are treated. There are 250 HoR members and 24 senators. Congress willfunction well despite the absence of a small number of its members. Therefore, being a congressman does not remove one from criminal liability.Imprisonment is not merely the loss of freedom, but also a place of rehabilitationand change as well. It includes the curtailing of certain rights and privileges, andelection to public office does not excuse one from the consequences of one’sactions, once proven contrary to law. chadosorio
Motion denied.Gonzaga-Reyes, concur:
 The Bill of Rights provides

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