Jalosjos appeals SC ruling annulling proclamation as Zamboanga del Norte rep

Metro Manila (CNN Philippines, October 20) — Former Zamboanga del Norte Rep. Romeo Jalosjos Jr. filed on Friday a partial motion for reconsideration of the Supreme Court (SC) ruling which annulled his proclamation and declared Roberto Uy as the winner in the 2022 elections.

READ: Supreme Court declares Uy as winner of Zamboanga del Norte congressional race, nullifies Jalosjos' proclamation

Jalosjos said petitions challenging his victory should have been dismissed for lack of jurisdiction when he assumed office on June 30, 2022.

He pointed out it should be the House of Representatives Electoral Tribunal (HRET) which should handle all cases involving members of the chamber.

He cited past Supreme Court decisions that if a member of the House of Representatives has been proclaimed, taken his oath of office, and assumed his post, the jurisdiction on any question about his election and qualifications belongs to the tribunal.

“Private Respondent has fulfilled the 3 essential requisites in order for the HRET to take cognizance of the case, therefore, any question relating to the Private Respondent’s election, returns, and qualifications exclusively belongs to the HRET,” Jalosjos stated in his appeal.

But the high court in its ruling said Jalosjos had not yet assumed office in view of the status quo ante order it issued.

It added that the status quo ante order does not permit any proclamation while the case is pending and renders any proclamation ineffective.

The SC noted Jalosjos did not take an oath of office before the Speaker of the House in open session, which bars him from performing his functions.

The court also ruled that the Commission on Elections (Comelec) power to suspend the proclamation of a winning candidate is not available in proceedings to declare one a nuisance candidate.

The SC said Comelec gravely abused its discretion when it suspended Uy’s proclamation in a proceeding where Uy is not a party, and was denied the opportunity to be heard.