In an open letter to his would-be colleagues yesterday, Eufrocino Codilla Sr. said the House should cease recognizing Ma. Victoria Locsin as one of its members.
He said he was appealing to the chamber’s leadership "that my name be expediently entered in the roll of members in order that I can faithfully represent my constituents in the fourth district of Leyte."
He urged them to act decisively, "otherwise, this House will go down in history as the only Congress which allowed through inaction a losing candidate to shamefully serve without the mandate of the people."
Last May, Codilla beat Locsin by more than 17,000 votes. He received 71,350 votes against her 53,477. However, the second division of the Commission on Elections chaired by Commissioner Ralph Lantion disqualified Codilla for allegedly engaging in prohibited pre-election practices.
Lantion and his two other colleagues in the division then ordered the Leyte provincial board of canvassers to proclaim Locsin. Upon her proclamation, Locsin took her oath and assumed her job as a member of the 12th Congress.
Codilla appealed the decision to the Comelec en banc, which reversed the Lantion division’s ruling. The entire Comelec ordered Codilla’s proclamation.
However, the House, on the basis of an opinion made by its legal bureau last month through legal counsel Leonardo Palicte III, continued to recognize Locsin.
In its opinion, the legal office said since Locsin has already been proclaimed and has assumed office, it is only the House of Representatives Electoral Tribunal (HRET) that has jurisdiction over election-related matters involving her.
The same office has since issued another ruling that contradicts Palicte’s opinion.
Last Oct. 4, Deputy Secretary General for Legal Affairs Gaudencio Mendoza Jr. said there is sufficient legal basis for the House to respect the Comelec decision proclaiming Codilla and to recognize him as the duly elected representative of the 4th district of Leyte.
"A second placer is the losing, not the winning candidate. There is no law that can be invoked to justify the proclamation of a defeated candidate. In fact, the proclamation of a second placer is illegal, even if the first placer is disqualified," Mendoza said.
He added that the House’s continued recognition of Locsin "is a mockery of the sovereign will: The repudiated candidate is discharging the public trust."
A spokesman for Locsin said his boss will continue to discharge her duties until the HRET decides otherwise.