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SC affirms ruling on Reyes disqualification

Edu Punay - The Philippine Star

MANILA, Philippines - The Supreme Court (SC) yesterday affirmed its ruling last June upholding the disqualification of Regina Ongsiako-Reyes in the congressional race in Marinduque last May despite her victory.

Voting 5-4 in session, the SC justices dismissed Reyes’ motion for reconsideration and stood pat on its decision, which affirmed the cancellation of her certificate of candidacy for failure to renounce her American citizenship as required of candidates with dual citizenships.

The disqualification case against Reyes though has reached the House of Representatives Electoral Tribunal (HRET). Reyes even withdrew her appeal with the SC.

But the SC still decided on the case and ruled that Reyes failed to present any legal and factual basis to support her argument that while she got her US citizenship after marrying an American citizen, she has not yet undergone naturalization.

Associate Justice Presbitero Velasco Jr. inhibited from the case, as his son, Lord Allan Jay, was Reyes’ opponent in the congressional race.

Associate Justices Diosdado Peralta, Lucas Bersamin, Jose Mendoza and Perlas Bernabe took no part in the proceedings since they are HRET members.

But Iloilo Rep. Jerry Treñas yesterday said that under the Constitution, the House of Representatives has sole and exclusive jurisdiction over Reyes’ case.

Treñas, head of the House contingent to the HRET, said the chamber assumes jurisdiction over such cases after a winning candidate is sworn into office.

“The HRET is not a creation of anybody, the HRET is the creation of the Constitution,” he said, adding though that the HRET has yet to tackle Reyes’ case.

Speaker Feliciano Belmonte Jr. earlier said the House has jurisdiction over Reyes’ case, adding that the chamber’s leadership is going to assert its jurisdiction over the matter.

Reached for comment, Reyes, who beat Lord Allan Jay Velasco by more than 4,000 votes, said she is leaving her fate to the HRET, where her opponent has filed an election protest against her.

She said once a congressional winner has been proclaimed, it is the HRET that acquires jurisdiction over issues about his or her qualification.

She insisted that she is a Filipino citizen and that the Commission on Elections did not give her ample opportunity to prove her citizenship. – With Paolo Romero, Jess Diaz

             

vuukle comment

ASSOCIATE JUSTICE PRESBITERO VELASCO JR.

ASSOCIATE JUSTICES DIOSDADO PERALTA

BUT ILOILO REP

HOUSE OF REPRESENTATIVES

HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

HRET

JERRY TRE

REYES

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