A quo warranto petition is one filed by a person who is not an aggrieved party. In Locsin’s case, the petitioner was Paciano Travero, a registered voter in Merida town.
In its decision, the HRET said the reasons Travero cited are not a "proper ground" for a case under Section 253 of the Omnibus Election Code.
It said under this section, a voter can question the election of a member of Congress or any local official "on the ground of ineligibility or disloyalty to the Republic of the Philippines . . . within 10 days after the proclamation of the results of the election."
It said even if Travero raised a valid issue, his petition should nevertheless be dismissed as it was filed beyond the 10-day period.
The petitioner questioned Locsin’s proclamation principally on the ground that she was not the winner and that it was Eufrocino Codilla Sr. who won the election by a margin of nearly 18,000 votes.
On the other hand, Locsin, aside from pointing out that Travero’s petition was filed beyond the 10-day period, claimed that it is the HRET that has exclusive jurisdiction over cases involving the election of a House member.
The Leyte congresswoman was proclaimed last June 15 after the second division of the Commission on Elections disqualified Codilla for allegedly engaging in prohibited pre-election practices. She took her oath and has assumed her duties as a House member.
Travero filed his petition on Sept. 4.