Practice question
A legislator is validly incarcerated after conviction in the trial court for an offense outside the six-year arrest-privilege limit. His appeal remains pending. After reelection, he asks for release to attend congressional sessions solely because his constituents need representation. Applying People v. Jalosjos, which answer is best?
- Reelection alone does not exempt him from lawful detention or compel release to attend sessions.
- Reelection automatically nullifies the trial judgment.
- The arrest privilege extends to every offense once the accused is reelected.
- Constituent preference supersedes all generally applicable detention rules.
- Every legislator awaiting appeal is entitled to unrestricted movement.
Legal references
- People v. Jalosjos, G.R. Nos. 132875–76, February 3, 2000, main resolution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/51198
- 1987 Constitution, Article VI, Sections 11–14 and 16(3): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Section 11.
Answer this question in flashcards to review your response and continue practicing.