SC stops transfer of Marinduque lawmaker’s case to HRET

By Edu Punay (The Philippine Star) | Updated June 29, 2013 - 12:00am

Reposted from Philstar.com

MANILA, Philippines - The Supreme Court (SC) has effectively stopped the transfer of the case against elected Marinduque Rep. Regina Reyes to the House of Representatives Electoral Tribunal (HRET), releasing its decision upholding her disqualification in the May 13 polls three days before she assumes her post.

In a 16-page resolution released last Thursday, the SC delineated the jurisdiction of the Commission on Elections (Comelec) and HRET on poll cases involving members of the House of Representatives.

Majority Leader and Mandaluyong City Rep. Neptali Gonzales II was earlier quoted as saying that Reyes’ case has reached the HRET after she was proclaimed winner in the congressional race. 

But the SC held that the HRET, the body tasked to resolve electoral cases involving members of the House, has no jurisdiction on Reyes who has not officially started her term yet.

“The HRET does not acquire jurisdiction over the issue of Reyes’ qualifications, as well as over the assailed Comelec resolutions, unless a petition is duly filed with (the) tribunal.  Reyes has not averred that she has filed such action,” read the ruling penned by Associate Justice Jose Portugal Perez.

“The jurisdiction of the HRET begins only after the candidate is considered a member of the House of Representatives, as stated in Section 17, Article VI of the 1987 Constitution,” the SC said.

Reyes, according to the SC, does not become a member of the House until she completes three stages specified in the law – valid proclamation, proper oath taking, and official assumption of office at noon of June 30 after the polls.

The SC also questioned the oath of office taken by Reyes before Speaker Feliciano Belmonte Jr.

The oath of office of an elected congressman, according to the high court, is valid if it is done “before the Speaker of the House of Representatives and in open session.” 

“Although Reyes made an oath before Speaker Belmonte, there is no indication that it was made during plenary or in open session and thus, it remains unclear whether the required oath of office was indeed complied with,” the SC said.

In the same ruling, the SC upheld Comelec’s disqualification of Reyes for failure to renounce her American citizenship as required of candidates with dual citizenships.