CASE NO.

18

G.R. No. 132875-76 February 3, 2000

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
ROMEO G. JALOSJOS, accused-appellant.

FACTS:

Romeo F. Jaloslos is a full-pledged 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.

ISSUE:

Does membership in Congress exempt an accused from statutes and rules which apply to validly
incarcerated persons in general?

RULING:

The Constitution guarantees in Article III section 1 ". . . nor shall any person be denied the equal
protection of laws." This simply means that all persons similarly situated shall be treated alike both in
rights enjoyed and responsibilities imposed. The organs of government may not show any undue
favoritism or hostility to any person. Neither partiality not prejudice shall be displayed.

The performance of legitimate and even essential duties by public officers has never been an excuse to
free a person validly in prison.

Therefore, the court finds that election to the position of Congressman 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.
Lawful arrest and confinement are germane to the purposes of the law and apply to all those belonging
to the same class.