In an opinion, House chief legal counsel Leonardo Palicte III ruled that under the Constitution, the Comelec loses jurisdiction over an election-related case involving a member of Congress once that member is already proclaimed, takes his oath of office and starts discharging his or her functions.
He said the body that acquires jurisdiction over such an issue is the House of Representatives Electoral Tribunal (HRET), in the case of a congressman or congresswoman, or the Senate Electoral Tribunal in the case of a senator.
Thus, the Comelec, by reversing the decision of its second division ordering Locsin’s proclamation, "clearly infringes on the constitutional power of the HRET as the sole judge of the election, returns and qualifications" of the House members, Palicte said.
He added that the enforcement of the Comelec order "cannot be effected without transgressing the Constitution and cited jurisprudential doctrines."
To support his opinion, the House legal counsel cited the similar case of former Rep. Carmelo Lazatin of Pampanga whose proclamation was once annulled by the Comelec.
Lazatin filed a petition with the Supreme Court contesting the annulment, and the high tribunal ruled that the then Pampanga congressman could not be unseated as he had already been proclaimed, had taken his oath and had started to work as a lawmaker.
For her part, Locsin said she would continue doing her job as her district’s duly elected representative until the HRET rules otherwise.
In mid-June, about a month after the combined local and congressional elections, the Comelec second division disqualified Locsin’s opponent, Eufrocino Codilla Sr. for "indirect solicitation of votes" and ordered Locsin’s proclamation. – Jess Diaz