MANILA – A candidate for the congressional post in the 2022 elections has asked the Supreme Court (SC) to take a second look at its August ruling that nullified his win as Zamboanga del Norte’s First District representative.
In an 18-page urgent motion for reconsideration on Friday, Romeo Jalosjos Jr. asked the SC to reverse its earlier ruling that directed the Commission on Elections (Comelec) to set aside his win and proclaim Roberto Uy Jr. instead as the rightful congressman.
Jalosjos claimed the SC had no jurisdiction over the case considering that he had already been proclaimed, taken his oath and assumed office.
"With all due respect, contrary to the Court's ruling that the Court has jurisdiction over the subject matter, it must be emphasized that the consolidated petitions should have been dismissed by the Supreme Court on the ground of lack of jurisdiction when private respondent (Jalosjos) assumed office on 30 June 2022," read Jalosjos' motion submitted through his counsels.
"Being a rightful member of the House of Representatives, jurisdiction over all questions relating to his election, returns and qualifications is solely vested in the House of Representatives Electoral Tribunal."
On June 23, 2022, the provincial board of canvassers (PBOC) proclaimed Jalosjos as winner.
He took his oath of office on June 28 before Senator Cynthia Villar and by noon of June 30, he assumed office.
During en banc deliberations on the consolidated petitions filed by Uy, Frederico Jalosjos, and the Comelec, the SC ruled in August that Uy was the winner.
Uy, Romeo “Kuya Jonjon” Jalosjos, Frederico “Kuya Jan” Jalosjos, and Richard Amazon were the candidates for the post.
On election day, Uy received 69,591 votes; R. Jalosjos, 69,109 votes; F. Jalosjos, 5,424 votes; and Amazon, 288 votes.
Romeo Jalosjos filed a suit before the Comelec to request that the other Jalosjos be declared a nuisance candidate and another motion to suspend the proclamation of Uy as the winner, claiming that he won the elections since the votes for F. Jalosjos must be credited to him.
In ruling for Uy, the Supreme Court noted that the poll body ordered motu proprio (by itself) the suspension of Uy’s proclamation even though the PBOC had clear basis to proclaim Uy as the winning candidate, having garnered the highest number of votes.
“The Court also noted there were several irregularities in the Comelec En Banc’s suspension order, with the copy sent by electronic mail to the PBOC in advance, undated, and lacking the complete signatures of the Comelec members, as well as a certification and a notice signed by the Comelec’s Clerk of Court,” the SC ruling stated.
"The Court also found irregular that the Comelec chairperson intervened in the proclamation by calling directly the PBOC chairperson," it added.
The Court further ruled that the poll body’s power to suspend the proclamation of a winning candidate was not available in the proceedings to declare someone a nuisance candidate.
It added that the Comelec abused its discretion when it suspended Uy’s proclamation, a proceeding where Uy was not a party, and was thus denied the opportunity to be heard. (PNA)
