EN BANC

PEOPLE OF THE PHILIPPINES, plaintiff-appellee vs.

ROMEO G. JALOSJOS, accused-appellant

G.R. 132875-76 February 3, 2000

Ponente: Ynares-Santiago, J

Topic: Section 11 of Article 6, 1987 Constitution: A Senator or Member of the House

of Representatives shall, in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while the Congress is in session. No Member
shall be questioned nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof.

FACTS:

The accused-appellant, Romeo G. Jalosjos is a full-􀀷edged 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.

The primary argument of the movant 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.

ISSUE:

Whether or not accused-appellant, Romeo G. Jalosjos, be allowed to discharge his

mandate as member of the House of Representatives.

RULING:

No. The privilege of arrest has always been granted in a restrictive sense.

True, election is the expression of the sovereign power of the people. However, in spite
of its importance, the privileges and rights arising from having been elected may be
enlarged or restricted by law. Privilege has to be granted by law, not inferred from the
duties of a position. In fact, the higher the rank, the greater is the requirement of
obedience rather than exemption.

Section 11, Article VI, of the Constitution provides:

A Senator or Member of the House of Representatives shall, in all offenses punishable
by not more than six years imprisonment, be privileged from arrest while the Congress
is in session. xxx

The immunity from arrest or detention of Senators and members of the House of
Representatives, arises from a provision of the Constitution. 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.

The accused-appellant Romeo Jalosjos has not given any reason why he should be
exempted from the operation of Section 11 of Article 6 of the Constitution. The members
of Congress cannot compel absent members to attend sessions if the reason for the
abuse is a legitimate one. The confinement of a Congressman with a crime punishable
imprisonment by more than six (6) months is not merely authorized by law, has
constitutional foundations. Allowing Jalosjos to attend in Congressional sessions
andmeetings for five (5) days in a week which will make him a free man with all the
privileges and would make his status to that of a special class, it also would be a
making of the purpose of the correction system