SC denies MJ appeal to retain seat as Manila congressman

Extradited congressman Mark Jimenez of Manila has been permanently unseated by the Supreme Court.

In a one-page resolution dated Feb. 10, the court en banc ruled that Jimenez failed to sufficiently show that the House of Representatives Electoral Tribunal (HRET) committed "grave abuse of discretion" in disqualifying him from office last year.

"On the contrary, (the HRET decisions) appear to be in accord with the facts and applicable law and jurisprudence," read the decision.

Jimenez had asked the Supreme Court to void the HRET rulings of March 6 and 27 last year, which had stripped him of his congressional seat for lacking the required residency and massive vote buying.

He also sought a temporary restraining order on the HRET decisions so he could keep his seat and entitle his staff members to their privileges despite his absence.

Jimenez said the Supreme Court and the HRET had no jurisdiction to review and void the final decision of the Commission on Elections (Comelec), which is an independent constitutional body.

He said the Comelec had ruled that he complied with the one-year residency requirement of the Constitution before he ran for Congress in the May 14, 2001 elections.

Jimenez said that once the Comelec has declared that a candidate is qualified to run, that candidate’s elegibility could no longer be reviewed or questioned in a petition after election to office.

He said the HRET committed "grave abuse of discretion amounting to lack of jurisdiction" when it ruled that he lacked the residency requirement.

The HRET should have "instantly" dismissed the case against him, he added.

On March 6 last year, the HRET ruled that Jimenez must vacate his seat in Congress as he was not living in Sta. Mesa, Manila, which was part of the district he was representing, but in Forbes Park, Makati City.

On March 27, it also disqualified Jimenez for massive vote-buying committed during the campaign period before the May 14, 2001 elections.

The HRET denied Jimenez’s motion for reconsideration with finality on June 9 and issued an entry of judgment declaring its resolution "final and executory" on March 27.

The cases were filed by Rosenda Ann Ocampo. whom Jimenez defeated in the 2001 congressional elections.

Jimenez is serving a prison term in the United States after pleading guilty before a Florida court to charges of two counts of tax evasion, one count of conspiracy to defraud the US government and financing and election offenses.

Jimenez volunteered to be extradited to the US on Dec. 26, 2002.