Quezon congressional bet loses case in SC

MANILA, Philippines - A congressional candidate in Quezon in last May’s elections has lost a case in the Supreme Court (SC) against another candidate and the proclaimed winner, Rep. Angelina Tan.

In a decision penned by Justice Estela Perlas-Bernabe, the SC said the petition filed by Wigberto Tañada Jr. against Alvin John Tañada and Tan “must fail.”

It defined the issue before it as: “Wigberto assails Comelec (Commission on Elections) en banc Resolution dated April 25, 2013 declaring that Alvin John was not a nuisance candidate… In consequence, he seeks that the votes cast in favor of Alvin John be credited to him and, thereafter, to be declared the winning candidate…”

In dismissing the case, the SC cited the Cons-titution, which provides that the House of Representatives Electoral Tribunal (HRET) “shall be the sole judge of all contests relating to the election, returns, and qualifications” of members of the House.

“Case law states that the proclamation of a congressional candidate following the election divests the Comelec of jurisdiction over disputes relating to the election, returns and qualifications of proclaimed winner in favor of the HRET,” the SC said.

It said since Tan had been proclaimed, had taken her oath of office and had assumed her post, the SC “is now without jurisdiction to resolve the case at bar.”

“As they stand, the issues concerning the conduct of the canvass and the resulting proclamation of Angelina (Tan) as herein discussed are matters which fall under the terms ‘election’ and ‘returns’ and hence properly fall under the HRET’s jurisdiction,” the SC said.

The tribunal noted that Wigberto Tañada Jr., out of caution, had filed an election protest against Tan before the HRET.

If the more than 4,000 votes credited to Alvin John were counted for Wigberto, the latter would prevail over Tan by just a few votes.

However, Tan, a physician and a newcomer in politics, said she would fight for her victory all the way up to the SC.

“I owe it to my constituents,” she said.

She said the votes for Alvin John should not be credited to Wigberto “because the intention of those who voted for Alvin John is clear.”

“How can the votes cast by Alvin John, his relatives and other supporters for him be counted for Wigberto?” she asked.

Earlier, the SC disqualified Marinduque Rep. Regina Reyes, but the House is not recognizing the decision, saying it is the HRET that should resolve the case.