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| Cavite Rep. and NUP VP Pidi Barzaga |
Barzaga: Accept Velasco as Marinduque representative
- Published : Saturday, July 20, 2013 00:00
- Written by :
CAVITE Rep. and National Unity Party Vice-President Elpidio Barzaga yesterday urged the House of Representatives leadership to recognize newly-proclaimed Rep. Lord Allan Jay Q. Velasco as the duly elected congressman for the lone district of Marinduque.
Reacting to the claim of Velasco’s disqualified rival, Regina Reyes, that she had already taken her oath before House Speaker Feliciano Belmonte, Barzaga said Section 6, Rule II on membership of the House has been consistently practiced and implemented by the chamber.
Barzaga said the rule provides that “members shall take their oath or affirmation either collectively or individually before the Speaker in open session.
And the Speaker shall be elected only on Monday morning, July 22, Barzaga said.
Apart from this, Barzaga said the term of office of a representative begins at noon of June 30. But Reyes was proclaimed on May l8.
Therefore, any oath taken before June 30 may not be considered as official since the term of office of a representative starts only on that day, Barzaga pointed out.
On the question as to who has jurisdiction over the dispute, Barzaga said the Supreme Court is the last bulwark of democracy and the only branch of government entrusted by the Constitution to decide cases.
Barzaga noted that the High Court clearly ruled that three things must concur before the House of Representatives Electoral Tribunal can assume jurisdiction over the case.
“These are proclamation, oath of office and assumption of office,” Barzaga added.
Reacting to the claim of Velasco’s disqualified rival, Regina Reyes, that she had already taken her oath before House Speaker Feliciano Belmonte, Barzaga said Section 6, Rule II on membership of the House has been consistently practiced and implemented by the chamber.
Barzaga said the rule provides that “members shall take their oath or affirmation either collectively or individually before the Speaker in open session.
And the Speaker shall be elected only on Monday morning, July 22, Barzaga said.
Apart from this, Barzaga said the term of office of a representative begins at noon of June 30. But Reyes was proclaimed on May l8.
Therefore, any oath taken before June 30 may not be considered as official since the term of office of a representative starts only on that day, Barzaga pointed out.
On the question as to who has jurisdiction over the dispute, Barzaga said the Supreme Court is the last bulwark of democracy and the only branch of government entrusted by the Constitution to decide cases.
Barzaga noted that the High Court clearly ruled that three things must concur before the House of Representatives Electoral Tribunal can assume jurisdiction over the case.
“These are proclamation, oath of office and assumption of office,” Barzaga added.
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My humble comments to the above article:
PROCLAMATION, OATH AND ASSUMPTION OF OFFICE
PROCLAMATION, OATH AND ASSUMPTION OF OFFICE
I suppose when you talk about "proclamation" what is meant by that is a "VALID PROCLAMATION" and not one that has been declared by the Comelec "NULL and VOID and without any legal force and effect", as in this case.
I suppose when you talk about "oath of office" that means not an oath of office taken on June 5, 2013 during the last day of session of the 15th Congress, as in this case, where one might wonder why there was "undue haste" since the 16th Congress is yet to open on Monday, June 22, 2013.
"Section 6, Rule II (Membership) of the Rules of the House of Representatives provides:
"Section 6. Oath or Affirmation of Members. – Members shall take their oath or affirmation either collectively or individually before the Speaker in open session."
As regards "assumption of office" it must be stressed that the SC decision was promulgated on June 25, 2013, where, in response to the Petitioner's claim that Comelec was already ousted of its jurisdiction, it stated in part, thus:
"Here, the petitioner cannot be considered a Member of the House of Representatives because, primarily, she has not yet assumed office. To repeat what has earlier been said, the term of office of a Member of the House of Representatives begins only “at noon on the thirtieth day of June next following their election.”
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