Comelec defends order disqualifying Jalosjos Jr.

MANILA, Philippines -  The Commission on Elections (Comelec) has defended before the Supreme Court (SC) its decision in June last year disqualifying Romeo Jalosjos Jr. as congressman of the second district of Zamboanga Sibugay over the residency issue.

In a comment filed last Friday, the poll body’s law department asked the SC to unseat Jalosjos from Congress and junk his petition questioning its June 3, 2010 order disqualifying him from the congressional race.

“Considering that Jalosjos’ proclamation is void from the very beginning by the fact that he is disqualified from running... and therefore could not be voted upon, there is in fact no proclamation to speak of,” stated the pleading filed by lawyer Ferdinand Rafanan, the Comelec’s law department head.

The poll body stood by its findings that Jalosjos lacked residency in the district he sought to represent, as required in his election.

It argued that Jalosjos failed to prove that he had established a new domicile in Barangay Veterans Village in Ipil, Zamboanga Sibugay.

“The fact that the petition for disqualification was filed directly with the Comelec, the Comelec could still rule on the nullity of Jalosjos’ proclamation, the same being properly raised in reasonably filed motion for reconsideration,” the poll body said.

Comelec said the complainant, Dan Erasmo, filed a motion for reconsideration on the resolution of the Comelec’s Second Division and it “was not divested of its jurisdiction to review the validity” of the resolution.

Jalosjos, son of former Zamboanga del Norte congressman and convicted rapist Romeo Jalosjos, questioned the Comelec order before the SC.

His brother, Gov. Romel Apolinario Jalosjos of Zamboanga Sibugay, was also disqualified by the Comelec over the residency issue, too.

In his petition, Jalosjos Jr. argued that since he had been proclaimed and had taken his oath as member of Congress, any question relative to his qualification should be brought before the House of Representatives Electoral Tribunal (HRET).

But Rafanan said, “At the time of Jalosjos’ proclamation and before his assumption into office (as member of Congress), the issue on the validity of the resolution of the Second Division of the Comelec has not yet been resolved by the Comelec en banc.”

“To stress again, at the time of the proclamation of Jalosjos, the validity of the resolution of the Comelec’s Second Division dated Feb. 23, 2010 was reasonably challenged by Erasmo in his motion for reconsideration,” he added.

“The issue was still within the exclusive jurisdiction of the Comelec en banc to resolve. Hence, the HRET cannot assume jurisdiction over the matter,” he added.

Citing a previous HRET decision, Rafanan said, “Even the HRET ruled that doctrinal ruling that once a proclamation has been made and a candidate-elect has assumed office, it is this Tribunal that has jurisdiction over an election contest involving the House of Representatives, could not have been immediately applicable due to the issue regarding the validity of the very Comelec pronouncements themselves.”

He cited the case of Planas vs Comelec where the SC ruled that “it is indeed true that after proclamation the usual remedy of any party aggrieved in an election is to be found in an election protest.”

“But that is so only on the assumption that there has been a valid proclamation. Whereas in the case at bar the proclamation itself is illegal, the assumption of office cannot in any way affect the basic issues...,” he added.

Rafanan also cited the case of Suliguin vs Comelec where the SC ruled that “where the proclamation is null and void, the proclaimed candidate’s assumption of office cannot deprive the Commission the power to declare such proclamation a nullity.”

“We emphasized that a defeated candidate cannot be deemed elected to the office,” he added.