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Marinduque rep wants 3 SC justices out of HRET

Dennis Carcamo - The Philippine Star

August 20, 2014 | 4:40pm

MANILA, Philippines - A Marinduque congresswoman has asked the Supreme Court to disqualify three Associate Justices from sitting as members of the House of Representatives Electoral Tribunal (HRET), where she is facing several disqualification cases.

In her 23-page petition filed via her counsel Roque and Butuyan Law Offices, Marinduque Rep. Regina. Ongsiako Reyes questioned the continuing membership of Associate Justices Presbitero Velasco, Lucas Bersamin and Diosdado Peralta in the HRET, citing a conflict of interest on their part.

The HRET, chaired by Velasco, is hearing three cases questioning Reyes' assumption to office as representative for Marinduque.

If the HRET grants any of the petitions, Reyes' political rival and Justice Velasco's son, Lord Allan Jay Velasco, would replace her as Marinduque representative.

Reyes cited that she beat the younger Velasco in the May 2013 polls, earning a 52,209 votes over the latter’s 48,311 votes.

Under the law, the Senate and the House of Representatives have an electoral tribunal as the sole judge to contests relating to the election, returns, and qualifications of their respective Members.

Each tribunal is composed of nine members, three of whom are justices of the Supreme Court designated by the Chief Justice while the rest are members of the Upper House or the Lower House, as the case may be.

Velasco, being the most senior of the three magistrates, heads the HRET but has inhibited himself in the proceedings of the tribunal as well as in the proceedings of the Supreme Court involving his son’s case.

Reyes, however, said Velasco’s continued stay at the HRET in relation to his son’s case has become untenable.

“There has never occurred an equivalent incident in the entire history of the Supreme Court -- or in any other Philippine governmental body for that matter --where a son’s desire to be awarded a Congressional seat would depend on a body headed by his own Justice-Father,” Reyes said.

Reyes, citing jurisprudence said as the three only sit in the HRET in a designated capacity, they may be replaced anytime by the appointing authority as their designation to the tribunal is only temporary.

Reyes was proclaimed the winner by the Marinduque Provincial Board of Canvassers on May 18, 2013 and, at the time of her proclamation, no final judgment has been rendered against her for her disqualification.

Reyes said both Justices Velasco and Bersamin must admit that coming from political families, their job as part of the HRET is now hampered by questions about their impartiality to a political contest.

Bersamin comes from a family of Abra politicians, Reyes added, noting that he had likewise prejudged her case by voting with the majority in the petition filed by Velasco’s son before the Supreme Court which ruled in his favor.

As for Justice Peralta, Reyes said there are indications that he is equally guilty of failing to appear impartial, including the fact that he chaired the proceeding which allowed the Sioco petition-in-intervention to continue, despite its fatal flaws.

She asked the High Court to transfer Justice Velasco to the Senate Electoral Tribunal and to designate Justice Antonio Carpio in his place.

She also asked that Justices Bersamin and Peralta be substituted by other justices who do not suffer from the same situations.