Zamboanga Sibugay second district Rep. Romeo Jalosjos Jr.’s claim to his post has been upheld by the Supreme Court (SC).
In a nine-page decision yesterday, the high court nullified a ruling of the Commission on Elections (Comelec) in June 2010 disqualifying him from the congressional race over a residency issue through a protest by his rival Dan Erasmo.
The high court held that the poll body erred in disqualifying Jalosjos when the polls were already concluded and he had been declared winner.
“The court holds that 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 elctions, since it had ceased to have jurisidiction over his case,” read 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 (House of Representatives Electoral Tribunal),” it stressed.
The poll body had ruled that Jalosjos lacked residency in the district he represents as required in his election and argued that the congressman had failed to prove that he had established a new domicile in Barangay Veterans Village in Ipil, Zamboanga Sibugay.
The Comelec, in its comment, argued that Erasmo seasonably filed a motion for reconsideration of the resolution of the its second division and that the it “was not divested of its jurisdiction to review the validity of the resolution of the second division.”
The SC however agreed with the petitioner’s argument 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 HRET.