2 lawmakers with pending cases assume office

MANILA, Philippines - Two congresswomen with cases still pending with the Commission on Elections (Comelec) have assumed office and started doing their job as new members of Congress.

The two are Regina Reyes of the lone district of Marinduque and Angelina Tan of Quezon’s fourth district.

Reyes beat then incumbent Rep. Lord Allan Jay Velasco, son of Supreme Court (SC) Justice Presbitero Velasco. The Comelec disqualified her but the decision became final after the provincial board of canvassers proclaimed her as the winning candidate. The SC later upheld the Comelec decision.

Reyes has filed a manifestation with the SC that she has assumed office. She has been validly proclaimed, taken her oath of office, started her term, and will continue doing her job, Reyes’ husband, former Batangas Rep. Hermilando Mandanas, said yesterday.

It is the House of Representatives Electoral Tribunal (HRET) that now has jurisdiction over her case, he said.

Mandanas said his wife gave up her American citizenship, as the law required her to do, when she filed her certificate of candidacy.

In the case of Tan, she defeated Wigberto Tañada Jr., brother of then outgoing Rep. Erin Tañada.

Last Saturday, a day before members of the 16th Congress started their term of office, the Comelec second division chaired by Commissioner Elias Yusoph canceled Tan’s proclamation.

Yusoph and Commissioner Grace Padaca, a partymate of the Tañadas in the Liberal Party, also ordered the provincial board of canvassers to count 7,038 votes credited to disqualified candidate Alvin John Tañada in favor of Wigberto Tañada Jr. and then proclaim the rightful winner.

The canvassing board had proclaimed Tan with 84,782 votes against the 80,698 votes for Tañada Jr.

Instead of appealing the Yusoph division’s ruling, Tan filed a manifestation informing the Comelec that she has assumed office and therefore, questions about her election should now be within the HRET’s jurisdiction.

She cited a string of SC rulings stating that when an elected House member has been proclaimed, taken his or her oath of office and started his or her term, issues about his/her qualification or election should be resolved by the HRET.

Obviously recognizing the HRET’s authority over their cases, former Rep. Velasco and Tañada Jr. have filed election protests with the tribunal against Reyes and Tan, respectively. Incidentally, it is Velasco’s SC justice-father who chairs the tribunal that will decide their protests. Two other SC justices and six House members sit in the tribunal.

Another House member with a disqualification case pending with the Comelec was Ronald Singson of Ilocos Sur.

An opponent of Singson filed the case, arguing that the son of then Ilocos Sur Gov. Luis Singson was no longer qualified to seek public office since he was convicted by a Hong Kong court and spent time in jail for drug trafficking.