Editorial wrong on American in Philippine Congress
Philippine Daily Inquirer
Monday, January 27th, 2014
I am constrained to respond to inaccurate and imprecise matters in the Inquirer’s Dec. 23, 2013 editorial titled “Looming showdown.”
First, the Supreme Court’s June 25, 2013 resolution was decided against Regina Reyes by a vote of 7 to 4, not by a one-vote majority. Second, Reyes’ petition was denied for being without merit. She admitted that the House of Representatives Electoral Tribunal (HRET) has jurisdiction and yet she filed it with the Supreme Court. Clearly, her petition has no merit. Third, imputing bias to the Supreme Court justices who voted against Reyes is baseless and untrue. Fourth, the Supreme Court ruling was based not on a mere blog but on Reyes’ admission that she is indeed a US citizen by virtue of her marriage to a US citizen, and also the Bureau of Immigration’s certification that she is a holder of a US passport. Fifth, Chief Justice Maria Lourdes Sereno explained that the May 14, 2013 Comelec resolution has already become final and hence, the HRET has no jurisdiction. The Board of Canvassers (BOC) was in bad faith when it proclaimed Reyes as it had been notified of the May 14, 2013 resolution. The proclamation of a noncandidate cannot take away the power vested in the Comelec to enforce and execute its decision pursuant to the latter’s power of direct control and supervision over BOCs under the Omnibus Election Code and the Constitution.
Lastly, her proclamation did not trigger HRET’s jurisdiction. The Court ruled that there are three requisites before a candidate becomes a House member: (1) proclamation; (2) taking of oath; and (3) assumption of office. Once met, HRET’s jurisdiction begins. Reyes was not legally proclaimed; the oath she took on June 5, 2013 has no legal effect as my term as congressman ended on June 30, 2013. On June 25, 2013, when the Supreme Court resolved the Reyes petition, the term of House members had not yet started (noon of June 30). And Reyes has not filed any petition with the HRET. Thus, HRET has not acquired jurisdiction over a nonexistent petition.
In ending, it is grossly wrong for Resolution No. 957 to lump the Reyes dispute with the PDAF (Priority Development Assistance Fund) issue. The Reyes case is a private concern between her and me and the House may be unwittingly dragged into a constitutional crisis. The Supreme Court and Comelec resolutions, finding Reyes ineligible as she is a US citizen and a nonresident, are final. The Rule of Law dictates that I should already be recognized as the duly elected House member representing Marinduque.
—REP. LORD ALLAN JAY Q. VELASCO,
Torrijos, Marinduque
