G.R. No. 132875-76 - People vs. Jalosjos

Romeo G. Jalosjos, a sitting Member of the House of Representatives, was convicted by the Regional Trial Court of two counts of statutory rape and six counts of acts of lasciviousness—offenses punishable by reclusion perpetua—and his convictions are pending appeal.
He is detained at the national penitentiary and has been denied bail due to the gravity of the offenses and the strength of the evidence against him.

Jalosjos filed a “Motion To Be Allowed To Discharge Mandate As Member of House of Representatives,” seeking permission to attend sessions and committee meetings despite his detention.
He argued that his reelection embodied the sovereign will of his constituents, that denying him would amount to “taxation without representation,” and that precedents (including a U.S. case) permitted detained lawmakers to attend legislative sessions.
He noted prior temporary leaves granted by trial courts for medical and official reasons (House Ethics hearings, dental and medical treatments, voter registration, prison work-volunteer program) and claimed compliance with all conditions imposed.

Whether membership in Congress exempts a detainee convicted of non-bailable offenses from general laws and rules governing incarceration.
Whether the constitutional privilege from arrest granted to legislators extends to a Member convicted of offenses punishable by more than six years’ imprisonment, allowing attendance at congressional sessions and committee meetings.