SC asked to reconsider ruling nullifying Jalosjos proclamation as Zamboanga rep

Reelectionist Romeo Jalosjos Jr. on Friday asked the Supreme Court to reconsider its decision to annul his proclamation as representative of the first district of Zamboanga del Norte.

In a 21-page partial motion for reconsideration, Jalosjos assailed the SC decision that ordered the Commission on Elections (Comelec) to proclaim Roberto Uy Jr. as the winner of the elections.

Jalosjos argued that the Supreme Court has no jurisdiction over the case considering that he has already been proclaimed, taken his oath, and assumed office.

“Private respondent, being a rightful member of the House of Representatives, jurisdiction over all questions relating to his election, returns, and qualifications solely vested in the House of Representatives Electoral Tribunal (HRET),” it said.

Jalosjos also cited a previous case where the Court ruled that once a member of the House has assumed office, the Comelec’s jurisdiction ends, and the HRET’s jurisdiction begins.

Further, he argued that even if the SC had jurisdiction, its decision wherein it ordered the immediate proclamation of Uy made it impossible for the court to grant the motion for reconsideration.

“Since the Honorable Supreme Court cannot declare the impending proclamation of Uy, Jr. as invalid after Uy, Jr. has assumed as Member of the House of Representatives, the immediate proclamation of Uy, Jr. pending the private respondent’s full motion for reconsideration will put the Honorable Supreme Court in an absurd situation wherein it is impossible for the Honorable Court to grant the motion for reconsideration of the private respondent,” he said

According to Jalosjos, this will result in a constitutional crisis.

Meanwhile, he said that due to the immediacy of the order, he is constrained to file an urgent partial motion for reconsideration.

“In this regard, Private Respondent respectfully manifests that this Urgent Partial Motion for Reconsideration is being filed with a reservation that Private Respondent will file his full Motion for Reconsideration within the 15-day reglementary period,” he said.

Jalosjos, who was proclaimed by the Comelec as the winning congressional candidate in June last year, originally placed second behind Uy with 69,109 votes, but the Comelec decided to “legally pass” 5,424 votes obtained by Frederico Jalosjos (F. Jalosjos), who was earlier declared a nuisance candidate.

Due to this, Jalosjos got a total of 74,533 votes, winning over Uy by 4,942 votes.

In August, however, the SC annulled Jalosjos' proclamation, saying public policy dictates that candidates receiving the highest votes should be proclaimed without unnecessary delay.—LDF, GMA Integrated News