It seems to be a “constitutional crisis” of its own making.
By voting to uphold a ruling of the Commission on Elections annulling the
proclamation of Regina Ongsiako Reyes as representative of Marinduque, the
Supreme Court has placed itself and the poll body in a direct confrontation
with the legislature, specifically the House of Representatives.
Indeed, reports have it that the House leadership has
decided to let Reyes attend tomorrow’s opening of Congress as the sole and
“official” representative of Marinduque’s lone congressional district.
Quezon City Rep. Feliciano “Sonny” Belmonte, widely presumed
to retain the post of Speaker, and presumed deputy speaker Neptali Gonzales II,
so news reports say, have called on both the Supreme Court and the Comelec to
“back off” from Reyes’ case. Since Reyes had already been proclaimed the winner
of the congressional contest, and indeed had taken her oath of office as
congresswoman, the position of the House is that it is now up to the House of
Representatives Electoral Tribunal (HRET) to hear and decide the case.
Reyes’ opponent was former Rep. Lord Allan Jay Velasco, son
of a Supreme Court justice.
Based on the complaint of a certain Joseph Tan, the Comelec
en banc ruled that Reyes should be unseated because it had been “proven” that
she had renounced her Filipino citizenship and had not established residence in
Marinduque. When Reyes raised the issue to the Supreme Court, the tribunal
ruled in the Comelec’s favor, although with four justices dissenting.
Reyes appeared before the media earlier this week
brandishing proof of her citizenship: a genuine and legitimate passport and
documents attesting that she had renounced her dual American citizenship. In
fact, says Reyes’ camp, the newly elected congresswoman had not even been given
the chance to refute the charges about her citizenship, charges based on a blog,
with little proof offered.
As Comelec Chair Sixto Brillantes stated in his earlier
dissenting opinion (he later changed his mind): “…[T]he issue of the
candidate’s qualification—particularly his residence and citizenship—requires
exhaustive presentation and examination of evidence, which issues are best
heard in a full-blown quo warranto proceeding and not in a summary proceeding
as in the instant case.”
* * *
And now, because of the Comelec ruling and the decision of
the Supreme Court, three branches of government are facing a head-on
confrontation over which body has the ultimate right to decide on electoral
contests.
In a statement, Reyes said that she “stood for the truth”
(in a previous press conference) because “Congress deserves no less.” “To take
a stand against the interference directed at a coequal branch of government is
a duty particularly of ALL elected members of Congress. If members of the House
cannot defend a literal commitment to their institution, no other branch of
government will.”
It’s a political and constitutional crisis, all right, and
at this point one wonders which of the three institutions will give way and
give up its prerogatives. One wonders, too, if the justices will be able to set
aside their collegial feelings (Justice Presbitero Velasco, Lord Allan’s
father, recused himself from voting) and remain faithful to the law and its
wise interpretation. Reyes has filed a motion for reconsideration, and we
should know soon which among the three bodies will “blink” and save the legal
infrastructure from imminent collapse.
So it seems there will be more to look forward to beyond
P-Noy’s Sona and the stylish gowns and barong worn by lawmakers walking down
the red carpet at the Batasan tomorrow afternoon.
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