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NAMR
CONSTITUTIONAL LAW 1
ATTY. IRENE D. VALONES
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PEOPLE OF THE PHILIPPINES VS

ROMEO G. JALOSJOS

G.R. NOS. 132875-76 | NOVEMBER 16, 2001 | YNARES-SANTIAGO, J

FACTS:
The Accused-Appellant Romeo Jalosjos is a full-fledged member of Congress, convicted of two
(2) counts of statutory rape and six (6) counts of acts lasciviousness. Nevertheless, his
conviction is pending appeal while he is confined in the New Bilibid Prison. During the pendency
of his appeal, he won a reelection bid as Representative for the First District of Zamboanga Del
Norte. As such, he filed a motion to be allowed to discharge his mandate on the grounds that
his election win must be given priority over any ruling.

ISSUES:
Whether or not the Accused-Appellant must be exempted from penal laws by reason of his
election win.
RULING:
NO. The Supreme Court held the immunity from arrest or detention of Senators and members
of the House of Representatives, the latter customarily as Congressmen, arises from a
provision of the Constitution. 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. No less than the Constitution provides that members of
Congress cannot compel absent members to attend sessions if the reason is a legitimate one,
more so a confinement for a crime committed which is punishable by imprisonment of more
than 6 months.

WHEREFORE, the Decision of the Regional Trial Court of Makati, Branch 62, in Criminal Case
Nos. 96-1985 and 96-1986 finding accused-appellant Romeo Jalosjos guilty beyond reasonable
doubt of two counts of statutory rape, and sentencing him to suffer the penalty of reclusion
perpetua for each count, is AFFIRMED. Likewise, the appealed Decision of the Regional Trial
Court of Makati, Branch 62 in Criminal Case Nos. 96-1987, 96-1988, 96-1989, 96-1990, 96-
1992, and 96-1993, finding accused-appellant guilty beyond reasonable doubt of acts of
lasciviousness in six counts, is AFFIRMED with MODIFICATIONS. As modified, accused-
appellant is sentenced to suffer, for each count of acts of lasciviousness, the indeterminate
penalty of twelve years (12) and one (1) day of reclusion temporal, as minimum, to fifteen (15)
years, six (6) months and twenty (20) days of reclusion temporal as maximum. Further,
accused-appellant is ordered to pay the victim, Ma. Rosilyn Delantar, the additional amount of
P50,000.00 as civil indemnity for each count of statutory rape and acts of lasciviousness. Finally,
the award of moral damages for each count of acts of lasciviousness is increased to P50,000.00.

PRINCIPLES:
The provision granting an exemption to Members of Congress 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.
In this case, Firstly, although pending appeal, confinement is public self-defense whereby
society must protect itself. Secondly, the Condonation Doctrine cannot be applied because the
case involves criminal offenses, not administrative offenses. Finally, the election to the position
of Congressman or Representative 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.