Jalojos seeks SC relief vs disqualification

MANILA, Philippines - Former Zamboanga del Norte congressman Romeo Jalosjos urged the Supreme Court yesterday to nullify his disqualification from the Zamboanga City mayoral race.

In a 60-page petition filed through lawyer Romulo Macalintal, Jalosjos said the Commission on Elections (Comelec) committed grave abuse of discretion and deprived him of his constitutional right to due process when it handed down the ruling.

 The Comelec cited his “perpetual disqualification for holding public office” as ordered by a Makati City court during his conviction in 1997.

“The resolution was issued motu propio or on its own by the Comelec en banc without any notice and hearing and without having first referred the case to a division as required by the Constitution and previous decisions of the  Supreme Court,” the petition said.

”If COCs (certificates of candidacy) of nuisance candidates cannot be cancelled or denied due course without giving the nuisance candidates the chance to be heard, there is no reason why the same due process or hearing cannot be accorded Jalosjos,” it added.

Jalosjos said the Comelec  also disregarded Section 40 of the Local Government Code, which provides that any person convicted with the accessory penalty is already qualified to run for a local elective position two years after serving his sentence.

“Since Jalosjos completed serving his sentence on Dec. 16, 2007, then more than two years had already elapsed making him qualified to run for mayor of Zamboanga City,” Macalintal said.

The Court of Appeals has yet to act on Jalosjos’ application to register as a voter of Zamboanga City.

The Makati Regional Trial Court Branch 62 found Jalosjos guilty of two counts of statutory rape and six counts of acts of lasciviousness in December 1997.

Despite his conviction, Jalosjos  won as congressman in the 1998 and 2001 elections. He held his post until the Supreme Court upheld his conviction with finality in 2002. His name was subsequently dropped from the list of members of the House of Representatives.