In court papers sent through his counsels former Justice Emilio Gancayco and former Sen. Rene Saguisag, Jalosjos said the case’s transfer could deprive him of the opportunity to appeal to the court en banc if the 1997 decision of Makati Judge Roberto Diokno finding him guilty of statutory rape and acts of lasciviousness is affirmed.
"We have noticed once more that, without any explanation, a case that was first assigned to a division was upgraded, as it were, to one en banc," he said in court papers.
"We reserve the right to respond to the motion in a proper case but meantime, we would like to seek a clarification on a procedural point vital to the interests of accused-appellant."
Jalosjos, who faces a life sentence if convicted, has sought a clarification from the tribunal on how his case had ended up with the court en banc, when it was being reviewed by the second division.
"We are not aware of any motion or resolution that could account for the quiet, unarticulated shift so unfairly prejudicial to the accused, with all due respect," he said in court papers.
Jalosjos said the matter is obviously a question of equal protection, and that he wants to be "enlightened" why the case against him was suddenly removed from the tribunal’s second division.
"Obviously, there is a question of equal protection, read the court papers. "Someone fighting for his sacred honor, dignity and liberty, meaning for everything, would not let drop a weapon he may need."
Luzviminda Puno, the tribunal’s clerk of court, said the "purported procedural lapse" is very important since normally only death penalty cases are automatically taken to the court en banc for review and not those involving life sentences. But the tribunal en banc has the "discretion" to take on life sentences.
Jalosjos was re-elected for a third term in 1998 even if he had already been convicted and imprisoned at the National Penitentiary in Muntinlupa City.