SC upholds 2010 poll win of Zambo Sibugay lawmaker

Manila, Philippines - The Supreme Court (SC) has upheld the 2010 election of Zamboanga Sibugay second district Rep. Romeo Jalosjos Jr.

In a nine-page decision released yesterday, the SC nullified a ruling of the Commission on Elections (Comelec) in June 2010 disqualifying Jalosjos from the congressional race over a residency issue raised by his rival, Dan Erasmo.

The SC ruled that the Comelec erred in disqualifying Jalosjos when the elections were already concluded and he was already declared the winner.

The SC said the Comelec “exceeded its jurisdiction in declaring Jalosjos ineligible for the position of representative for the second district of Zamboanga Sibugay, which he won in the elections, since it had ceased to have jurisdiction over his case,” said the ruling penned by Associate Justice Roberto Abad.

“Necessarily, Erasmo’s petitions questioning the validity of the registration of Jalosjos as a voter and the Comelec’s failure to annul his proclamation also fail. The Court cannot usurp the power vested by the Constitution solely on the HRET,” it added, referring to the House of Representatives Electoral Tribunal.

In disqualifying Jalosjos, the Comelec argued that he lacked residency in the district he represents as required in his election.

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

Comelec, in its comment, said Erasmo reasonably filed a motion for reconsideration of the resolution of the Comelec’s second division and that the poll body “was not divested of its jurisdiction to review the validity” of the resolution.

But the SC agreed with Jalosjos’ argument that since he had been proclaimed and had taken his oath as member of Congress, any question on his qualification should be brought before the HRET.

Jalosjos is a son of former Zamboanga del Norte congressman Romeo Jalosjos.

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

But the SC, in a ruling last May, also reversed the poll body’s decision and upheld his election.