SC: Poll cases under Comelec until June 30
By Rey G. Panaligan
Published: June 29, 2013
Reposted from MANILA BULLETIN
Manila, Philippines --- The Supreme Court (SC) has ruled that the Commission on Elections (Comelec) has jurisdiction over congressional candidates’ cases, even if already proclaimed, until before noon of June 30 after which the House of Representatives Electoral Tribunal (HRET) takes over.
In a landmark ruling written by Justice Jose Portugal Perez, the SC ruled that once a winning congressional candidate has been validly proclaimed, taken a proper oath, and assumed office as a member of the House of Representatives, the Comelec’s jurisdiction ends and the HRET’s own jurisdiction begins at noon of June 30.
But the SC stressed that the oath of office of an elected congressman is valid if it is done “before the Speaker of the House of Representatives and in open session.”
Thus, it said, an oath of office of an elected congressman – even if administered by the Speaker of the House of Representatives – that was not done during an open session of Congress is invalid.
“It is then clear that to be considered a member of the House of Representatives, there must be a concurrence of the following requisites – a valid proclamation, a proper oath, and assumption of office,” the SC said.
The SC also said that a proper pleading must be filed before the HRET for the tribunal to commence its jurisdiction over a case.
“Indeed, in some cases, this Court has made the pronouncement that once a proclamation has been made, Comelec’s jurisdiction is already lost and, thus, its jurisdiction over contests relating to election, returns, and qualifications ends, and the HRET’s own jurisdiction begins,” the SC said.
“However, it must be noted that in these cases, the doctrinal pronouncement was made in the context of a proclaimed candidate who had not only taken an oath of office, but who had also assumed office,” it explained.
The ruling of the SC on the Comelec-HRET jurisdiction was handed down on the petition filed by Regina Ongsiako Reyes who was disqualified by the Comelec to run as congressional candidate for the lone district of Marinduque in the last May 13 election on account of her lack of residency and for being an American citizen.
On March 27, 2013, the Comelec’s first division cancelled Reyes’ certificate of candidacy (CoC).
The first division ruling was affirmed by the Comelec en banc in a resolution dated May 14, 2013. Reyes was proclaimed winner in the Marinduque congressional election on May 18, 2013.
On June 5, 2013, the Comelec en banc declared its May 14, 2013 resolution final and executory “considering that more than 21 days have elapsed from the date of promulgation with no order issued by the SC restraining its execution.” On the same day, Reyes took her oath of office before Speaker Feliciano R. Belmonte Jr. of the House of Representatives.
On June 7, 2013, Reyes filed a petition with the SC assailing the resolutions issued by the Comelec on March 27, 2013 and on May 14, 2013.
In her petition, Reyes told the SC that the HRET has jurisdiction over her case and that the Comelec was ousted of its jurisdiction when she was proclaimed congressman-elect of Marinduque.
In resolving her petition, the SC pointed out that “it appears that Reyes’ recourse to this Court was made only in an attempt to enjoin the Comelec from implementing its final and executory judgment….”
Contrary to Reyes’ claim, the Comelec retains jurisdiction over her case, the SC said.
“The HRET does not acquire jurisdiction over the issue of Reyes’ qualifications, as well as over the assailed Comelec resolutions, unless a petition is duly filed with the tribunal. Reyes has not averred that she has filed such action,” the SC said.
It pointed out that “the jurisdiction of the HRET begins only after the candidate is considered a member of the House of Representatives, as stated in Section 17, Article VI of the 1987 Constitution,” it added.
It said that “although Reyes took an oath before Speaker Belmonte, there is no indication that it was made during plenary or in open session and, thus, it remains unclear whether the required oath of office was indeed complied with.”
“More importantly, we cannot disregard a fact basic in this controversy that before the proclamation of Reyes on 18 May 2013, the Comelec en banc had already finally disposed of the issue of her lack of Filipino citizenship and residency via a resolution dated 14 May 2013. After 14 May 2013, there was, before the Comelec, no longer any pending case on Reyes’ disqualification to run for the position of member of the House of Representatives. We will inexcusably disregard this fact if we accept the argument of Reyes that the Comelec was ousted of jurisdiction when she was proclaimed, which was four days after the Comelec en banc decision. The board of canvassers which proclaimed Reyes cannot by such act be allowed to render nugatory a decision of the Comelec en banc which affirmed a decision of the Comelec first division,” the SC said.
“In view of the foregoing, the instant petition is dismissed, finding no grave abuse of discretion on the part of the Commission on Elections. The 14 May 2013 resolution of the Comelec en banc affirming the 27 March 2013 resolution of the Comelec first division is upheld,” the SC ruled.
Chief Justice Maria Lourdes P. A. Sereno, and Justices Teresita J. Leonardo-de Castro, Mariano C. del Castillo, Lucas P. Bersamin, Roberto A. Abad, and Bienvenido L. Reyes concurred in the resolution.
The dissenters were Senior Justice Antonio T. Carpio and Justices Arturo D. Brion, Marvic Mario Victor F. Leonen and Martin S. Villarama Jr.
Justices Jose Catral Mendoza, Estela M. Perlas-Bernabe and Presbitero J. Velasco Jr. inhibited themselves. Rep. Lord Allan Velasco, Reyes’s rival in Marinduque, is the son of Justice Velasco. Justice Diosdado M. Peralta was on official leave.
In a landmark ruling written by Justice Jose Portugal Perez, the SC ruled that once a winning congressional candidate has been validly proclaimed, taken a proper oath, and assumed office as a member of the House of Representatives, the Comelec’s jurisdiction ends and the HRET’s own jurisdiction begins at noon of June 30.
But the SC stressed that the oath of office of an elected congressman is valid if it is done “before the Speaker of the House of Representatives and in open session.”
Thus, it said, an oath of office of an elected congressman – even if administered by the Speaker of the House of Representatives – that was not done during an open session of Congress is invalid.
“It is then clear that to be considered a member of the House of Representatives, there must be a concurrence of the following requisites – a valid proclamation, a proper oath, and assumption of office,” the SC said.
The SC also said that a proper pleading must be filed before the HRET for the tribunal to commence its jurisdiction over a case.
“Indeed, in some cases, this Court has made the pronouncement that once a proclamation has been made, Comelec’s jurisdiction is already lost and, thus, its jurisdiction over contests relating to election, returns, and qualifications ends, and the HRET’s own jurisdiction begins,” the SC said.
“However, it must be noted that in these cases, the doctrinal pronouncement was made in the context of a proclaimed candidate who had not only taken an oath of office, but who had also assumed office,” it explained.
The ruling of the SC on the Comelec-HRET jurisdiction was handed down on the petition filed by Regina Ongsiako Reyes who was disqualified by the Comelec to run as congressional candidate for the lone district of Marinduque in the last May 13 election on account of her lack of residency and for being an American citizen.
On March 27, 2013, the Comelec’s first division cancelled Reyes’ certificate of candidacy (CoC).
The first division ruling was affirmed by the Comelec en banc in a resolution dated May 14, 2013. Reyes was proclaimed winner in the Marinduque congressional election on May 18, 2013.
On June 5, 2013, the Comelec en banc declared its May 14, 2013 resolution final and executory “considering that more than 21 days have elapsed from the date of promulgation with no order issued by the SC restraining its execution.” On the same day, Reyes took her oath of office before Speaker Feliciano R. Belmonte Jr. of the House of Representatives.
On June 7, 2013, Reyes filed a petition with the SC assailing the resolutions issued by the Comelec on March 27, 2013 and on May 14, 2013.
In her petition, Reyes told the SC that the HRET has jurisdiction over her case and that the Comelec was ousted of its jurisdiction when she was proclaimed congressman-elect of Marinduque.
In resolving her petition, the SC pointed out that “it appears that Reyes’ recourse to this Court was made only in an attempt to enjoin the Comelec from implementing its final and executory judgment….”
Contrary to Reyes’ claim, the Comelec retains jurisdiction over her case, the SC said.
“The HRET does not acquire jurisdiction over the issue of Reyes’ qualifications, as well as over the assailed Comelec resolutions, unless a petition is duly filed with the tribunal. Reyes has not averred that she has filed such action,” the SC said.
It pointed out that “the jurisdiction of the HRET begins only after the candidate is considered a member of the House of Representatives, as stated in Section 17, Article VI of the 1987 Constitution,” it added.
It said that “although Reyes took an oath before Speaker Belmonte, there is no indication that it was made during plenary or in open session and, thus, it remains unclear whether the required oath of office was indeed complied with.”
“More importantly, we cannot disregard a fact basic in this controversy that before the proclamation of Reyes on 18 May 2013, the Comelec en banc had already finally disposed of the issue of her lack of Filipino citizenship and residency via a resolution dated 14 May 2013. After 14 May 2013, there was, before the Comelec, no longer any pending case on Reyes’ disqualification to run for the position of member of the House of Representatives. We will inexcusably disregard this fact if we accept the argument of Reyes that the Comelec was ousted of jurisdiction when she was proclaimed, which was four days after the Comelec en banc decision. The board of canvassers which proclaimed Reyes cannot by such act be allowed to render nugatory a decision of the Comelec en banc which affirmed a decision of the Comelec first division,” the SC said.
“In view of the foregoing, the instant petition is dismissed, finding no grave abuse of discretion on the part of the Commission on Elections. The 14 May 2013 resolution of the Comelec en banc affirming the 27 March 2013 resolution of the Comelec first division is upheld,” the SC ruled.
Chief Justice Maria Lourdes P. A. Sereno, and Justices Teresita J. Leonardo-de Castro, Mariano C. del Castillo, Lucas P. Bersamin, Roberto A. Abad, and Bienvenido L. Reyes concurred in the resolution.
The dissenters were Senior Justice Antonio T. Carpio and Justices Arturo D. Brion, Marvic Mario Victor F. Leonen and Martin S. Villarama Jr.
Justices Jose Catral Mendoza, Estela M. Perlas-Bernabe and Presbitero J. Velasco Jr. inhibited themselves. Rep. Lord Allan Velasco, Reyes’s rival in Marinduque, is the son of Justice Velasco. Justice Diosdado M. Peralta was on official leave.
