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PEOPLE v.

ROMEO JALOSJOS (2001)



Facts
Rape is a crime against human dignity, punishable by
reclusion perpetua or death, particulary odious when committed
against a minor. There were six other cases where the J alosjos was
acquitted of the charges of acts of lasciviousness for failure of the
prosecution to prove his guilt beyond reasonable doubt. Eleven year
old Rosilyn Delantar accused Romeo G. J alosjos of sexual
impropriety against her on the dates of J une 18 & 20, 1996, at the
Ritz Towers, Makati City. The rest of the information provided for
lascivious conduct only. Allegedly, he paid Php10k, Php5k & Php5k
on different dates. She was pimped by her homosexual adopted
father Simplicio Delantar since the age of 9 (she was born in 1985)
and first met J alosjos in February 1996. He let her stay nights in his
condominium unit and repeatedly kept trying to have sex with her,
saying, After all, I am your daddy until, on the dates mentioned, he
succeeded. This went on for some months until Rosilyn ran away in
August 1996, when she was taken to DSWD and the NBI conducted
an investigation into her rape claims.
J alosjos claimed that it was his brother Dominador who
Rosilyn met and he was in the province allegedly at the time the
sexual advances took place. This issue was allegedly crafted by his
political enemies to put him at a disadvantage. chadosorio
He was found guilty and sentenced to reclusion perpetua and
Php50k for each count of rape (2), and reclusion temporal and
Php20k damages for each count of acts of lasciviousness (6).




Issue

[Offshoot Case] Can a legislator perform his duties thru
legislative sessions and committee meetings despite having been
incarcerated due to a non-bailable offense?

Decision
(Ynares-Santiago, ponente)

Can a legislator perform his duties thru legislative
sessions and committee meetings despite having been
incarcerated due to a non-bailable offense?

Petitioner: His functions as a representative of the First District
of Zamboanga del Norte, whose electorate chose him by mandate of
sovereign will, should not be impeded by the constraints of a
pending criminal case. chadosorio
He cited Aguinaldo v. Santos:
The Court should never remove a public officer for acts done
prior to his present term of office. To do otherwise would be to
deprive the people of their right to elect their officers. When a people
have elected a man to office, it must be assumed that they did this
with the knowledge of his life and character, and that they
disregarded or forgave his fault or misconduct, if he had been guilty
of any. It is not for the Court, by reason of such fault or misconduct,
to practically overrule the will of the people.
I will not escape, given the chance to perform my legislative
duties. Besides, Ive been allowed to leave before to attend to my
legislative functions. This must not hinder my ability to serve my
constituents. The duty to the legislative ranks highest in
government.

SC: The higher the rank, the greater should the obedience
be, not the entitlement to exemption.
Confinement pending appeal does not remove the rights of him being
a public officer. Its merely to protect society. Public self-defense is
an example and a warning to others. It is the injury to the public
which State action in criminal law seeks to redress, and since rape is
a criminal offense, the person must be answerable 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 that he will not go into hiding again.
His securing of permission to leave the prison before was based on a
case-to-case basis due to emergencies, and should not be considered
the rule. Giving him a 5-day week (regular Congress sessions) would
virtually make him a free man. His incarceration does not prevent
him from filing bills and resolutions: his two fully-manned offices in
Batasan Hills and New Bilibid Prison attest to that. The people who
voted for J alosjos, knowing that he has been convicted, know of the
fact of his incarceration, and it is their belief that he can fulfill his
duties regardless of his sentence. It does not mean that just because
the people voted for him he was automatically believed to be
innocent by them.
The equal protection of laws apply to this case, meaning that
people in similar circumstances must be treated by the law similarly.
J alosjos should not be given privilege due to his position, and must
be treated the way other convicted people are treated. There are 250
HoR members and 24 senators. Congress will function 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 rehabilitation and change as well. It includes the
curtailing of certain rights and privileges, and election to public
office does not excuse one from the consequences of ones actions,
once proven contrary to law. chadosorio
Motion denied.

Gonzaga-Reyes, concur:
The Bill of Rights provides
All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall,
before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of
the writ of habeas corpusis suspended. Excessive bail shall
not be required.
Rule 114 of the Rules of Criminal Procedure,
Sec. 7. Capital offense or an offense punishable by reclusion
perpetua or life imprisonment, not bailable. No person
charged with a capital offense, or an offense punishable
by reclusion perpetua or life imprisonment, when evidence
of guilt is strong, shall be admitted to bail regardless of the
stage of the criminal prosecution.
The Constitution
A Senator of 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. chadosorio
The petitioner, having been sentenced to reclusion perpetua, is not
subject to legislative immunity.

Motion denied.

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