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On the issue of whether a detained provincial board member is entitled to salary and monetary benefits

On the issue of whether a detained provincial board member is entitled to salary and monetary benefits

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Published by Kay Aviles
On the issue of whether a detained provincial board member is entitled to salary and monetary benefits
On the issue of whether a detained provincial board member is entitled to salary and monetary benefits

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Published by: Kay Aviles on Mar 24, 2014
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03/24/2014

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Issue: Whether a detained provincial board member is entitled to receive salaries and benefits? Ruling: Yes.

In the celebrated case of People v Romeo Jalosjos G.R. Nos. 13 !"#$"%& 'ebruar( 3& )))& *here the accused$appellant& a full$pledged member of +ongress confined at the national penitentiar( *hile conviction for statutor( rape on t*o counts and acts of lasciviousness on si, counts *as pending appeal at that time& the accused$appellant himself admitted before the court that he continued to receive salar( and benefits& thus: -No less than accused$appellant himself admits that li.e an( other member of the /ouse of Representatives 01h2e is provided *ith a congressional office situated at Room N$ 13& North Wing 4uilding& /ouse of Representatives +omple,& 4atasan /ills& 5ue6on +it(& manned b( a full complement of staff paid for b( +ongress. 7hrough 1an2 inter$department coordination& he is also provided *ith an office at the 8dministration 4uilding& Ne* 4ilibid 9rison& :untinlupa +it(& *here he attends to his constituents.0 8ccused$appellant further admits that *hile under detention& he has filed several bills and resolutions. It also appears that he has been receiving his salaries and other monetar( benefits. ;uccinctl( stated& accused$appellant has been discharging his mandate as a member of the /ouse of Representative consistent *ith the restraints upon one *ho is presentl( under detention.< 7hat =alos>os? receiving of his salaries and legal benefits *hile confined in a penitentiar( *as not an issue to the government@ much less to the honourable ;upreme +ourt. 4oard member Augene 8l6ate is currentl( detained at :untinlupa pending the appeal to the ;upreme +ourt from the decision of ;andiganba(an. 4eing detained is not a hindrance to carr(ing out his official functions as a board member of ;arangani as he continues to& among others: • • 9ropose ordinances and resolutions@ Generate and ma,imise the use of resources and revenues for the development plans& program ob>ectives and priorities of the province.

4oard member 8l6ate is not (et officiall( delisted b( his co$members of ;angguniang 9anlala*igan. It is *idel( accepted that ever(da( presence in the provincial capitol is not tantamount to official performance. What is important is that a board member delivers *hat he o*es to his constituents. 8nd board member 8l6ate sees to it that his functions are e,ecuted. 7here is no valid ground *h( he should be stric.en off from the pa(roll list.

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