House rules uphold Velasco win — solon
By Maricel Cruz | Posted on Jul. 21, 2013 at 12:02am |Reposted from Manila Standard Today
A stalwart of the National Unity Party on Saturday urged the leadership of the House of Representatives to recognize newly proclaimed Congressman Lord Allan Jay Q. Velasco as the duly elected representative of the Lone District of Marinduque.
Cavite Rep. Elpidio Barzaga Jr., NUP vice president, invoked House rule on oath of members to support his contention. He said that Section 6, Rule II on membership of the Rules of the House of Representatives is valid and subsisting rule of the House.
Barzaga issued the statement after the Comelec had proclaimed Velasco, the son of Supreme Court Associate Justice Presbitero Velasco, as the rightful congressman of Marinduque after it disqualified his opponent, Regina Ongsiako Reyes, for being an American citizen.
Comelec Chair Sixto Brillantes said the Comelec just resolved the disqualification case against Reyes, who was accused of falsely identifying herself as a Filipino in her certificate of candidacy (COC).
“We have done our part. We cannot force (the House) to accept or not to accept. We proclaimed Velasco based on our decision.
Whether he will be accepted or not is beyond our powers already,” Brillantes said.
The House leadership has threatened to disregard Velasco’s proclamation since Reyes, whom the Comelec previously proclaimed as the winner, had already taken her oath as a House member.
“If it goes up to the Supreme Court, then good. That is the correct process because all of our decisions can be brought before the high court,” Brillantes added.
In citing the rule on oath of House members, Barzaga said the rule provides that the “members shall take their oath or affirmation either collectively or individually before the Speaker in open session.”
“This rule has been consistently implemented by the House and is an established practice. All members shall take their oath on July 22, 20l3 before the Speaker who will be elected in the morning of said date,” said Barzaga, chair of the House committee on electoral reforms and suffrage in the 15th Congress.
He noted that the word “shall” is mandatory.
“While the term of the representatives starts at noon of June 30, 20l3, the oath taken on the 4th Monday of July may mean that it retroacts to June 30, 20l3 and whatever acts were done by the members from June 30 to July 2l are validated and ratified by their oath taken on July 22, 20l3,” Barzaga stressed.
On July 9, 20l3, the Comelec en banc nullified the May l8, 20l3 proclamation of Reyes and proclaimed Velasco as the winning candidate.
The certification of proclamation was served on House Secretary General Marilyn Barua-Yap, who is the Interim Speaker, on July l8, 20l3.
Velasco filed a letter with Barua-Yap to recognize him as the duly elected Representative of Marinduque, allow him to assume his position and perform his duties, and to register his name in the roll of representatives, in the process removing the name of ousted candidate Reyes. But Barua-Yap has not acted on the request.
Barzaga pointed out that any oath taken before June 30, 20l3 may not be considered as official oath since it cannot be made effective prior to June 30, 20l3, as the term starts only on said day.
“During said period, what the House members do are merely to undergo orientation for new members, renovation of their offices and filing of bills. The bills filed will not be considered by the House until after the start of the session on July 22, 20l3,” he said.
Nevertheless, said he believes that an amendment to the rule is needed to avoid conflicting interpretations as to when the member officially assumes office.
He suggested that Section 6 of Rule II be deleted and in its place, it should provide that the Members shall take their oath before the Secretary General who is the interim Speaker on June 30, 20l3, which is the start of the term of the members.
