Miriam: Trillanes will likely serve as senator in jail

Senator Miriam Defensor Santiago on Wednesday said senator-elect Antonio Trillanes IV will likely remain in jail even after the 14th Congress begins its session on July 23. Santiago, considered an expert on constitutional law, noted that in the ruling of the Supreme Court in the case of People v. Jalosjos, the high court ruled that a convict in jail who has a pending appeal and later elected representative had to stay in jail even after he won in the election. In the case of Trillanes, the Makati Regional Trial Court has yet to rule whether or not he is guilty on charges of coup d' etat, an offense carrying capital punishment and thus the accused is not entitled to a bail. "Just because a detention prisoner won as a senator does not mean that he should be free to attend Senate sessions, because that would be a violation of the equal protection clause of the Constitution," Santiago said in a statement. She explained that the equal protection clause requires the government to treat alike all persons similarly situated and that no undue favoritism may be allowed. "All persons charged with non-bailable offenses, such as the crime of coup d' etat, have to remain in jai. Election as senator does not entitle a detention prisoner to special treatment. Otherwise, the result is what the law calls an invidious discrimination," Santiago said. Citing the Supreme Court ruling the People v. Jalosjos case, Santiago said: "An 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." According to Santiago, allowing detention prisoners to attend sessions of Congress would amount to the creation of a privileged class. "Allowing accused to attend congressional sessions and committee hearings will virtually make him a free man with all the privileges appurtenant to the position. Such an aberrant situation not only elevates accused's status to that of a special class, it would also be a mockery of the purposes of the correction system," Santiago said, again quoting the Supreme Court decision. Santiago noted that in the case of Jalosjos, who was elected Zamboanga del Norte representative, he was provided with a congressional office at the Batasan complex as well as an office at Bilibid Prisons in Muntinlupa. But while Jalosjos continued to be under detention, he was able to file several bills and resolutions and receive his salaries and other benefits due him as a congressional representative. "On these findings, the Supreme Court ruled that the prisoner could perform his function as representative while in jail. In fact the Supreme Court went so far as to state that since he was a detainee, the accused should not have been allowed by the Bilibid Prisons authorities to receive his constituents in jail," Santiago said. Besides, Santiago noted that in its ruling, the high court had pointed out that when the voters elected Jalosjos to Congress, they were fully aware of the limitations of his freedom of action. Several senators had suggested that Trillanes try to secure a court order to allow him to attend the sessions of the Senate under escorts, who would also bring him back to his detention cell after performing his functions as a senator. There were also suggestions that the Senate could pass a resolution expressing its sense and requesting the courts to allow Trillanes to be under recognizance of the upper chamber. - GMANews.TV