HRET issues resolution upholding power over poll cases

MANILA, Philippines - The House of Representatives Electoral Tribunal has issued a resolution upholding its exclusive power and jurisdiction over election protest cases, in an unprecedented move to reject a Supreme Court (SC) ruling ousting one sitting lawmaker.

The HRET, in a resolution dated Sept. 11, dismissed the petition-in-intervention of a certain Victor Vela Sioco, who sought to dismiss the disqualification case against Marinduque Rep. Regina Reyes lodged before the tribunal and asked the same to recognize the SC ruling in Reyes vs. Comelec issued last June 25, 2013.

The SC ruling effectively asked the HRET to set aside Reyes’ case and recognize her disqualification by the Commission on Elections.

The Comelec earlier ruled Reyes was not qualified to be a congressional candidate in the 2013 elections being a US citizen.

Reyes’ case was brought to the SC and subsequently to the HRET. Her lawyers argued the Comelec disqualified her simply on the basis of an unverified blog, which used a photocopy of her passport and immigration record that was not authenticated.

Reyes won by almost 4,000 votes in the 2013 congressional elections over her closest rival, Lord Allan Jay Velasco, the son of SC Associate Justice Presbitero Velasco Jr.

The elder Velasco chairs the HRET, which had prompted Reyes’ lawyers to seek his replacement to ensure fairness and objectivity.

Citing Article VI Section 17 of the Constitution, the HRET in the resolution said the “power to decide over cases involving the election, returns and qualifications of members of the House of Representatives solely belongs to this Tribunal.”

The HRET said the constitutional provision is “clear and requires no further statutory construction.”

It said the petitioners in the quo warranto or disqualification case against Reyes questioning her eligibility, recognized the jurisdiction of the HRET when they filed the petitions before the tribunal.

The HRET branded as “highly illogical” and “absurd” the ruling in Reyes vs. Comelec requiring her to file a petition with the HRET against herself.

The tribunal said the “Supreme Court was only tasked if the Comelec committed grave abuse of discretion when it issued the aforementioned resolutions... it was never obligated, empowered or petitioned to decide on the eligibility of respondent (Reyes).

The SC, it said, “never acquired jurisdiction over the eligibility of the Respondent” and “any resolution issued by the High Court involving the eligibility of the Respondent could not overrule or undermine the exclusive and original jurisdiction of this Tribunal.”

It declared the “proclamation of the candidate is the operative fact that serves as the demarcation line separating the jurisdiction of the Comelec and the HRET” and it is the proclamation that “vests exclusive and original jurisdiction to the HRET, to exclusion of judicial and quasi-judicial entities including the Supreme Court.”

Such exclusive and original jurisdiction includes the determination of the validity or invalidity of the proclamation of a candidate for the position of member of the House of Representatives, the tribunal said.

The HRET resolution added due process demands that Reyes, who garnered the highest number of votes cast during the election, should be given the full opportunity to present her evidence in a court of competent jurisdiction, which is the HRET.

It said due process demands a “greater onus” on the part of the accuser to produce “competent evidence,” not merely blog entries or photocopies of documents, before she is disqualified.

The HRET said both the petitioners and the respondent are entitled to have a “final resolution” on the issue of the eligibility of Reyes by the tribunal.