By Jess Diaz (The Philippine Star) Updated July 09, 2013 - 12:00am
MANILA, Philippines - A former congressman
and son of a Supreme Court (SC) justice lost his plea with the Commission on
Elections (Comelec) seeking for the annulment of the proclamation of his
opponent in the congressional race in Marinduque.
The
Comelec’s First Division junked the petition filed by former congressman Lord
Allan Jay Velasco, son of Justice Presbitero Velasco, against elected
Marinduque Rep. Regina Reyes.
Two
division members, Commissioners Christian Robert Lim and Al Parreño, overruled
their chairman, Commissioner Lucenito Tagle, who was in favor of the
cancellation of Reyes’ proclamation.
Velasco
filed the petition after the Comelec disqualified Reyes for allegedly failing
to renounce her American citizenship, which the congresswoman denied. The SC
later upheld her disqualification.
Lim
and Parreño, the newest members of the poll body, held in separate opinions
that since the new Marinduque representative has already been proclaimed, has
taken her oath before Speaker Feliciano Belmonte Jr. and has assumed office,
the House of Representatives Electoral Tribunal (HRET) has acquired
jurisdiction over her case.
They
invoked a provision in the Constitution, which mandates that the electoral
tribunals of the Senate and the House “shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective
members.”
Parreño disagreed with Tagle that for the
Comelec to lose jurisdiction over a lawmaker’s case, the legislator must have
been proclaimed, must have taken his oath and must have assumed office or
started his term.
However,
he said in several cases cited by his division chairman, the SC “did not
expressly state that these three conditions must concur before the Comelec is
divested of jurisdiction.”
He
said in the case of Camarines Norte’s Liwayway Vinzons-Chato and Renato Unico,
the high court ruled that the Comelec “has already lost jurisdiction over
Chato’s petition because respondent Unico has already been proclaimed and taken
his oath of office as a member of the House of Representatives.”
He
said though some rulings were contradictory, the predominant opinion was that
“proclamation alone is enough to divest the commission (Comelec) of its
jurisdiction” on elected lawmaker’s cases.
He
also held that the provincial board of canvassers did not abuse its discretion
in proclaiming Reyes.
Meanwhile,
the SC decision dismissing the petition filed by Reyes to nullify the
disqualification ruling against her has been met with dissensions from several
magistrates.
Last
month, the SC voted 7-4 to dismiss Reyes’ petition questioning a Comelec ruling
that cancelled her certificate of candidacy.
Chief
Justice Maria Lourdes Sereno and Associate Justices Teresita Leonardo-de
Castro, Mariano del Castillo, Lucas Bersamin, Roberto Abad, Jose Perez and
Bienvenido Reyes agreed with the Comelec findings and junked Reyes’ petition
for lack of merit.
Senior
Associate Justice Antonio Carpio and Associate Justice Arturo Brion, Mario
Victor Leonen and Martin Villarama Jr. dissented, saying the petition must not
be junked instantly as the SC should first seek the Comelec’s comment before
ruling on the case. – With Paolo Romero
Dito mababasa
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