Solon assails SC’s decision on PDAF

Manila, Philippines – A senior administration congressman is dangling an impeachment threat against Supreme Court justices following the issuance of two recent rulings that allegedly reversed its previous decisions on the same legal controversies.

In a privilege speech delivered Tuesday, Mindoro Oriental Rep. Reynaldo Umali provided the lone voice in the wilderness in assailing the unanimous Supreme Court ruling on the Priority Development Assistance Fund (PDAF).

Umali also chided the High Court for its ruling on the election protest against Marinduque Rep. Regina Ongsioco Reyes who is being ordered to vacate her post in favor of rival, former Rep. Lord Alan Velasco, son of SC Associate Presbitero Velasco.

‘Instances Of Despotism’

A close associate and Liberal Party colleague of President Benigno S. Aquino III, Umali recounted various “instances of despotism” allegedly demonstrated by the High Court in issuing controversial rulings.

“We must not let these magistrates sit on their iron thrones for a minute longer. They must know where they stand and if they will continue to lord over the foundations of our great Republic, then they only deserve to be impeached,” Umali told his colleagues.

He added: “Let us not allow a co-equal branch of government to emasculate.”

The Mindoro solon said he decided to take the floor to “defend the fundamental law of the land against judicial despots,” referring to the members of the High Court.

Umali’s protest was clearly the first to be registered against the High Court’s decision on PDAF, which has earned strong public support.

Flip-Flopping

Umali, a member of the powerful Commission on Appointments, assailed the tribunal for its alleged flip-flopping decisions on the PDAF and Reyes-Velasco case that disrespected Congress as a co-equal branch.

Umali recounted various “instances of despotism” allegedly demonstrated by the High Tribunal. Among them are the walkout of former Chief Justice Renato Corona during the impeachment hearings in the Senate and the “hastily issued” Temporary Restraining Order preventing the Lower House from inviting former Ombudsman Merceditas Gutierrez who was then under impeachment probe.

“Not contented with its despotic tendencies, the Supreme Court strikes again by undermining its counterpart branches of government this time, both the legislative and the executive in flip-flopping fashion,” he said.

Umali said the High Court flip-flopped in its 12-0 ruling against the constitutionality of the PDAF.

“This is quite perplexing because, about a year earlier, the same Supreme Court, in the case of Lawyers Against Monopoly and Poverty (LAMP) vs Department of Budget and Management with (G.R. No. 164987) promulgated on April 24, 2012, declared the Priority Development Assistance Fund as constitutional,” he pointed out.

“Now I ask – why the flip-flop?” asked Umali. “Whatever happened to the doctrine of stare decisis or ‘adherence to precedents when just a year ago the same court ruled the PDAF is constitutional?”

He said, “Mr. Speaker, if this is not despotic behavior, I don t know what is!”

Independent Powers

Umali also chided the High Court for disqualifying Reyes as elected congresswoman of Marinduque.

“Accordingly, Representative Reyes now sits as member of this August Chamber, but some magistrates resolved to disqualify her on technical grounds, again in utter disregard of the doctrine of stare decisis and disrespect to the separate and independent powers of the House of Representatives, again in flip-flopping fashion,” he said.

Citing the case Jalosjos Jr. vs Comelec, Umali said the High Court settled the question of jurisdiction over post congressional electoral protest which rightfully belongs to the House of Representatives Electoral 

Tribunal.

“The proclamation of a congressional candidate following the election divests Comelec of jurisdiction over disputes relating to the election, returns, and qualifications of the proclaimed Representative in favor of the HRET,” he pointed out.

The administration lawmaker also recalled the electoral protest filed by fellow LP member, Quezon congressional candidate Toby Tañada against proclaimed Rep. Angelina Tan, in which the SC ruled that the protest should be resolved by the HRET.

“The High Court recognizes HRET jurisdiction in the case of Representative Tan but not in the case of Representative Reyes. Where lies the difference?” stated Umali.

He added: “What moved the Supreme Court to railroad a decision which negates established jurisprudence, in flip-flopping fashion at that and perceived to benefit the son of a sitting magistrate as noted by a colleague in the Supreme Court is beyond comprehension.”

Basahin dito:http://www.mb.com.ph/solon-assails-scs-decision-on-pdaf/

Belmonte: Reyes remains as lawmaker

MANILA, Philippines - Speaker Feliciano Belmonte Jr. yesterday said Marinduque Rep. Regina Ongsiako-Reyes remains a member of the House of Representatives even as the chamber’s leadership decides on its next move after the Supreme Court (SC) upheld her disqualification.

Belmonte, however, maintained that the House of Representatives Electoral Tribunal (HRET) has jurisdiction over Reyes’ case under the Constitution since she has been duly proclaimed as winner and sworn into office.

“Remember that she was proclaimed, and that is not something unimportant to us because under the Constitution, the HRET – which is not a creation of the House but of the Constitution – supposedly has jurisdiction over all of these matters so we want to be sure that the HRET is not being rendered useless (by the SC ruling),” Belmonte told reporters.

He said the House leadership is waiting for a copy of the SC ruling for study and to help it decide on its next move.

The disqualification case against Reyes stemmed from allegations that she is a US citizen, which she has repeatedly denied and showed documents to prove that she is a Filipino citizen.

The complaint against her was pushed by her defeated rival, former Marinduque congressman Lord Allan Velasco, son of SC Associate Justice Presbitero Velasco.

Mababasa ito: 
http://www.philstar.com/nation/2013/12/05/1264166/belmonte-reyes-remains-lawmaker

Congresswoman Regina Ongsiako Reyes, Kinilala bilang kinatawan ng Marinduque

Sa pagbubukas ng 16th Congress, kinilala ang nanalo at prinoklamang kongresista ng Lone district of Marinduque na si Congresswoman Regina "Ate Gina" Reyes.

Nitong nakaraang State Of the Nation Address  ni Pangulong Benigno Aquino III nagkaroon ng "Rollcall" ang bawat kinatawan ng Kongreso.

Nagkaroon din ng botohan para sa Speakership Position kung saan natili parin si Congressman Feliciano Belmonte Jr. ng 4th District of Quezon City bilang House Speaker.  

It’s Official: REYES is Marinduque Representative

The House of Representatives formally recognized Reyes yesterday as the duly elected representative of the province during its roll call of members.

Velasco was not invited to the opening session of the House in the morning and to the afternoon’s joint session. He was not included in the roll call.

Reyes was proclaimed on May 18, five days after the elections, beating Velasco by 4,000 votes.

However, on June 25, the Supreme Court upheld the decision of the Commission on Elections (Comelec) disqualifying the proclaimed winner for allegedly being an American citizen, which she has denied.

Last Tuesday, five days before the convening of Congress and more than two months after the May 13 elections, the Comelec annulled Reyes’ proclamation and proclaimed Velasco in her place.

That same day, Reyes appealed the SC decision upholding her disqualification.

She said the Comelec, in declaring her not qualified to run, relied on an article published on the Internet claiming she is an American citizen, and on photocopies of supposed immigration documents showing that she traveled using an American passport.

She said the poll body violated her right to due process by accepting such kind of evidence and by denying her the opportunity to present her side.

Citing the dissent of Justice Arturo Brion and three other justices to the majority decision upholding her disqualification, Reyes said the evidence was “double hearsay” and should not have been admitted.

Velasco’s non-recognition by the House in its roster of members means that he would now have to pursue his case against Reyes before the House of Representatives Electoral Tribunal (HRET), even if the SC sticks to its decision disqualifying her.

Velasco has filed an election protest against Reyes with the HRET shortly after the latter was proclaimed on May 18.

Speaker Feliciano Belmonte Jr. and Majority Leader Neptali Gonzales II earlier said the Marinduque lawmaker’s disqualification should be resolved by the HRET, and not by the Comelec or SC.

While Velasco was not recognized as a member of the House, his mother, Lorna, was among those included in the roster of members. She represents the party-list group Ang Mata’y Alagaan.

Velasco skips SONA

Velasco decided to skip President Aquino’s State of the Nation Address in Congress yesterday, out of respect for the House’s decision to recognize Reyes as the representative of Marinduque.

“My absence in the opening session does not mean that I am giving up on my battle for the truth and what’s right, but instead, my absence shows my respect for the House and my colleagues and to the sanctity of the proceedings in the election for its speaker and other officers,” Velasco explained.

He said he chose not to attend the event to avoid any untoward incident in the proceedings, as he stressed that the House’s recognition of Reyes in its roll of members was just temporary.

Velasco said Reyes was temporarily recognized by the House’s secretary general because of her proclamation last May 18, which he said was annulled by the Comelec last July 9.

He expressed belief that any and all acts done by Reyes are null and void as he noted that she has no more legal basis to perform the functions of a representative. 

Velasco said he already wrote Belmonte for him to be recognized as the duly elected representative of Marinduque. – With Edu Punay

Mababasa dito

SB Remains!

MANILA (Updated 12:40 p.m.) -- Quezon City Representative Feliciano Belmonte Jr., a member of the ruling Liberal Party (LP), was elected to another term as Speaker of the House of Representatives on Monday.

The close ally of President Benigno Aquino III got 245 votes to regain control of the 280-member chamber.
This is Belmonte's third non-consecutive term as head of the chamber. He was elected Speaker in the 15th Congress. He led the House of Representatives in January to June 2001 during the term of President Gloria Macapagal Arroyo. 

LP Secretary General and Western Samar Representative Mel Senen Sarmiento nominated Belmonte in the opening session of the 16th Congress, where 267 out of the 289 members showed up and responded to the roll call.

"The 15th Congress was an active partner of the administration in achieving milestones and in creating policy foundations that now spur the momentum for economic growth," Sarmiento said.

Representatives Enrique Cojuangco (Tarlac), Rolando Andaya Jr. (Camarines Sur), Sharon Garin (Aambis-Owa), Marlen Abigail Binay (Makati City), Franz Alvarez (Palawan), and Rodolfo Farinas (Ilocos Norte) seconded Belmonte's nomination.

"It is apt to choose a leader who will bring the best in us in the next 1,000 days and boost our chances of being rehired or fired," Andaya said.

Representative Ronaldo Zamora (San Juan City), meanwhile, was elected House Minority Leader after falling behind Belmonte in the speakership race. Another candidate, Leyte Representative Ferdinand Martin Romualdez, was third in the tally.

Under the rules, the nominee who gets the second highest number of votes will be designated as Minority Leader.

Zamora was appointed Executive Secretary during the term of former President and now Manila Mayor Joseph Estrada in 1998.

The new Minority Leader was also one of the candidates for the highest post in the Supreme Court (SC) after former Chief Justice Renato Corona was ousted by the Senate impeachment tribunal.

Romualdez, the nephew of Ilocos Norte Representative Imelda Marcos, was all set to assume the responsibility of former Minority Leader Danilo Suarez. Both are members of Lakas-Christian Muslim Democrats (Lakas-CMD) of former President and now Pampanga Representative Gloria Macapagal-Arroyo.
Romualdez, however, lacked the numbers to outvote Zamora. He only got 16 votes compared to Zamora's 18.

Over the weekend, the seven-member Makabayan bloc bolted the majority coalition and threw its support behind Zamora. The group said it found common grounds with the returning congressman in the issues of national industrialization, modernization of agriculture, and the release of all political prisoners.

Those who voted for Belmonte as Speaker are automatically members of the majority coalition while those who voted for Zamora will compose the minority bloc.

Navotas Representative Tobias Tiangco, a member of United Nationalist Alliance, abstained from voting. He said he'd rather go independent. (Kathrina Alvarez/Sunnex)


Mababasa dito

Legal fireworks at the Batasan?

 

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.

We might yet see fireworks of a legal sort.


Para sa buong detalye, Basahin dito