Reposted from ABS-CBN News
SC decision on Marinduque poll dispute 'unenforceable' - Roque
by David Dizon, ABS-CBNnews.com
Posted at 10/22/2013 8:30 PM | Updated as of 10/22/2013 8:38 PM
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| ANC's Tony Velasquez' interview with Lord Allan Velasco. Click this LINK |
Justice's son reiterates his dad didn't influence case
MANILA - The lawyer of Marinduque Rep. Regina Reyes assailed the Supreme Court decision affirming its ruling disqualifying his client, calling it "unenforceable" since the case is already pending before the House of Representatives Electoral Tribunal (HRET).
In an interview on ANC's Top Story, lawyer Harry Roque said it was Lord Allan Jay Velasco himself who brought the matter to the HRET.
Lord Allan is the son of Associate Justice Presbitero Velasco.
"I would say the Supreme Court should not have decided on the case because the jurisdiction is already vested with a co-equal branch of government, which is Congress through the HRET," he said.
Roque said Velasco did not implead the House Speaker or the entire Lower House in the case. He said the technical flaw in Velasco's complaint is that he thought Congress was "bound to recognize the [SC] decision."
"How can the decision be binding on a co-equal branch of government when it was not even heard on the matter? They were not made a party in the petition," he said.
Roque said it is only after the House is impleaded can SC decisions be binding on the chamber. He added it is premature for Velasco to celebrate.
Meantime, Velasco on Tuesday said he does not want to be called congressman yet despite the SC's ruling.
"Let's not use that term yet until the House of Representatives already recognizes [the decision]," he said told ANC. He said he will wait for the final copy of the SC decision before asking Speaker Sonny Belmonte if he can be recognized as a member of the House.
Both Belmonte and Reyes are members of the Liberal Party of President Aquino.
Voting 5-4, the high court stood pat on its ruling in June that upheld the Commission on Elections (Comelec) in disqualifying Reyes on the basis of her 'US citizenship,' despite her victory.
The younger Velasco said Reyes was always raising the issue of his father's alleged influence in the SC despite the latter's decision to inhibit from the case.
He said the outcome of the SC vote will also debunk Reyes' allegation that the vote was rigged in his favor, noting that even Chief Justice Maria Lourdes Sereno voted to disqualify Reyes.
"If you look at the composition of the decision itself, the dissenters - the ones who did not vote in my favor - one of those is a fraternity brother of my dad. Another one is a very close friend of my dad. The biggest dissenter who is actually the fraternity brother of my opponent's brother," he said.
"Even the Chief Justice voted in my favor. I don't really think that anyone can influence the Chief Justice," he added.
Velasco said he does not think the SC decision will cause tension since he also got half of the votes in the province.
He also promised to support any piece of legislation submitted by Reyes that will help the people of Marinduque.
Velasco also described as the "great equalizer" the Priority Development Assistance Fund (PDAF) of lawmakers despite moves to completely abolish the pork barrel system. He said small provinces like Marinduque usually do not get a large allocation from the national budget.
"Now that PDAF is scrapped, I guess it is still OK. I guess this will just mean that I would have to double my efforts to go to departments and ask for projects and budgets that can be brought to my province," he said.
MANILA - The lawyer of Marinduque Rep. Regina Reyes assailed the Supreme Court decision affirming its ruling disqualifying his client, calling it "unenforceable" since the case is already pending before the House of Representatives Electoral Tribunal (HRET).
In an interview on ANC's Top Story, lawyer Harry Roque said it was Lord Allan Jay Velasco himself who brought the matter to the HRET.
Lord Allan is the son of Associate Justice Presbitero Velasco.
"I would say the Supreme Court should not have decided on the case because the jurisdiction is already vested with a co-equal branch of government, which is Congress through the HRET," he said.
Roque said Velasco did not implead the House Speaker or the entire Lower House in the case. He said the technical flaw in Velasco's complaint is that he thought Congress was "bound to recognize the [SC] decision."
"How can the decision be binding on a co-equal branch of government when it was not even heard on the matter? They were not made a party in the petition," he said.
Roque said it is only after the House is impleaded can SC decisions be binding on the chamber. He added it is premature for Velasco to celebrate.
Meantime, Velasco on Tuesday said he does not want to be called congressman yet despite the SC's ruling.
"Let's not use that term yet until the House of Representatives already recognizes [the decision]," he said told ANC. He said he will wait for the final copy of the SC decision before asking Speaker Sonny Belmonte if he can be recognized as a member of the House.
Both Belmonte and Reyes are members of the Liberal Party of President Aquino.
Voting 5-4, the high court stood pat on its ruling in June that upheld the Commission on Elections (Comelec) in disqualifying Reyes on the basis of her 'US citizenship,' despite her victory.
The younger Velasco said Reyes was always raising the issue of his father's alleged influence in the SC despite the latter's decision to inhibit from the case.
He said the outcome of the SC vote will also debunk Reyes' allegation that the vote was rigged in his favor, noting that even Chief Justice Maria Lourdes Sereno voted to disqualify Reyes.
"If you look at the composition of the decision itself, the dissenters - the ones who did not vote in my favor - one of those is a fraternity brother of my dad. Another one is a very close friend of my dad. The biggest dissenter who is actually the fraternity brother of my opponent's brother," he said.
"Even the Chief Justice voted in my favor. I don't really think that anyone can influence the Chief Justice," he added.
Velasco said he does not think the SC decision will cause tension since he also got half of the votes in the province.
He also promised to support any piece of legislation submitted by Reyes that will help the people of Marinduque.
Velasco also described as the "great equalizer" the Priority Development Assistance Fund (PDAF) of lawmakers despite moves to completely abolish the pork barrel system. He said small provinces like Marinduque usually do not get a large allocation from the national budget.
"Now that PDAF is scrapped, I guess it is still OK. I guess this will just mean that I would have to double my efforts to go to departments and ask for projects and budgets that can be brought to my province," he said.
