House panel okays resolution on HRET power over poll cases

MANILA, Philippines - The House committee on suffrage and electoral reforms has approved a resolution reiterating the exclusive authority and jurisdiction of the House of Representatives Electoral Tribunal (HRET) over electoral protest cases.

Passed by the panel was House Resolution No. 597 “reiterating adherence to the time-honored principle on the exclusivity of jurisdiction of the House of Representatives Electoral Tribunal over all contests relating to the election, returns and qualifications of its members to preserve the integrity, dignity and reputation of the House of Representatives and its members.”

It was filed by Oriental Mindoro Rep. Reynaldo Umali and co-authored by 171 other lawmakers.

The filing of the resolution stemmed from the decision of the Supreme Court (SC) declaring Lord Allan Velasco the winner during the 2013 congressional race in the lone district of Marinduque, and not Regina Reyes, who was the one proclaimed by the local Commission on Elections (Comelec) after the canvassing.

Umali said the HRET should handle and hear the election protest of Velasco against Reyes and not the SC as the latter already took her oath as Marinduque representative.

Reyes was earlier proclaimed by the poll body as the winner with a margin of over 4,000 votes against Velasco, son of SC Associate Justice Presbitero Velasco.

On Tuesday night, Cavite Rep. Elpidio Barzaga, Velasco’s partymate in the National Unity Party, took the cudgels for the defeated congressional candidate, saying not respecting the decision of the SC could trigger a constitutional crisis.

He said the SC upheld the decision of the Comelec’s First Division to cancel Reyes’ certificate of candidacy for allegedly making material misrepresentations on her residency and citizenship.

The SC, according to Barzaga, “has spoken with finality. I appeal to reason and sense of fair play of every member of this honorable chamber to uphold the rule of law and the Constitution. I urge everyone, regardless of political affiliation, to abide by that final decision of the Court.”

Umali and Reps. Doy Leachon and Josephine Sato immediately stood up and contradicted Barzaga.

They said all election-related protests against proclaimed congressmen must be under the jurisdiction of the HRET, including Reyes’ case.

Leachon and Umali also said that it is clear that the SC decision was suspicious and doubtful since it was issued only 18 days after the case was filed.

They even cited the opinion of SC Associate Justice Arturo Brion who said that it looked like the decision was hastened to favor the son of a colleague.

For her part, Sato urged her colleagues to support and stand for the mandate of Congress to defend its dignity.

The SC has ordered the House of Representatives to answer Velasco’s bid to assume the post as representative of the lone district of Marinduque.

In their session the other day, the SC justices approved the issuance of an order directing the House to submit a comment on the petition filed by Velasco last month seeking the issuance of a writ of mandamus ordering Speaker Feliciano Belmonte Jr. to recognize him as duly elected winner in last year’s congressional race and administer his oath of office.

The SC gave the House 10 days from receipt of notice to comply with its order.