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Published by Ross Lyne

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Published by: Ross Lyne on Sep 25, 2011
Copyright:Attribution Non-commercial


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Election to Congress is not a reasonable classification in criminal law enforcement as thefunctions and duties of the office are not substantial distinctions which lift one from the class of prisoners interrupted in their freedom and restricted in liberty of movement.Justification for confinement with its underlying rationale of public self-defense applies equallyto detention prisoners like petitioner or convicted prisoners-appellants like Jalosjos.
 Petitioner Trillane
s IV is on trial for coup d’etat in relation to the “Oakwood Incident.” In the
2007 elections, he won a seat in the Senate with a six-year term commencing at noon on June30, 2007. Petitioner now asks the Court that he be allowed to attend all official functions of theSenate, alleging mainly that his case is distinct from that of Jalosjos as his case is still pendingresolution whereas that in the Jalosjos case, there was already conviction.
ISSUE:Whether or not valid classification between petitioner and Jalosjos exists
 The petition is bereft of merit.In attempting to strike a distinction between his case and that of Jalosjos, petitioner chieflypoints out that former Rep. Romeo Jalosjos (Jalosjos) was already convicted, albeit hisconviction was pending appeal, when he filed a motion similar to petitioner's Omnibus Motion,whereas he (petitioner) is a mere detention prisoner. He asserts that he continues to enjoy civiland political rights since the presumption of innocence is still in his favor.Further, petitioner illustrates that Jalosjos was charged with crimes involving moral turpitude,i.e., two counts of statutory rape and six counts of acts of lasciviousness, whereas he is indictedfor coup d'etat which is regarded as a "political offense."Furthermore, petitioner justifies in his favor the presence of noble causes in expressinglegitimate grievances against the rampant and institutionalized practice of graft and corruptionin the AFP.xxxA plain reading of Jalosjos suggests otherwise, however.The distinctions cited by petitioner were not elemental in the pronouncement in Jalosjos that

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