MANILA, Philippines — The House of Representatives Electoral Tribunal (HRET) has upheld the victory of Leyte second district Rep. Lolita Javier in the 2016 elections.
In a 29-page resolution obtained by The STAR, the HRET dismissed for “lack of clear and convincing evidence” the poll protest filed by Javier’s rival former congressman Henry Ong.
“The tribunal finds that there is no reason to continue hearing this case. After a careful scrutiny and evaluation of the evidence on record, the tribunal finds that to continue with the proceedings would only unreasonably delay what seems to be an inevitable conclusion of this case – the dismissal of the instant petion for quo warranto,” the resolution read.
Ong protested Javier’s victory, saying the congresswoman committed misrepresentation when she claimed to be a resident of Jaro town for 43 years. He said that while Javier grew up in their town, she moved to other cities and became a permanent resident in their district only after her marriage.
In its ruling, the HRET said Javier did not lose her domicile in Jaro even though she moved to another place.
“We have stated many times in the past that an individual does not lose his domicile even if he has lived and maintained residence in different places,” the electoral tribunal said.
”The absence from legal residence or domicile to pursue a profession, study or to do other things of a temporary or semi-permanent nature does not constitute loss of residence,” it said.
Javier was proclaimed winner after she got 112,989 votes compared to the 88,995 that Ong garnered.