Comelec has jurisdiction over Reyes case SC

By Rey E. Requejo | Posted on Jun. 29, 2013 at 12:00am | 453 views

1
The Supreme Court on Friday barred the House of Representatives Electoral Tribun
al (HRET) from acquiring jurisdiction over the disqualification case filed again
st elected Marinduque Rep. Regina Reyes to the House of Representatives Electora
l Tribunal (HRET) after it ruled that the Commission on Elections retains jurisd
iction over the case, even after she was proclaimed as the winner in the last Ma
y 13 congressional race in the province.
In an en banc resolution, the SC defined the jurisdiction between the Comelec an
d HRET on election cases involving members of the House of Representatives.
The high court held that the HRET, the body tasked to resolve electoral cases ag
ainst members of the House, has no jurisdiction on Reyes who has not officially
started her term yet.
The SC said that the jurisdiction of the HRET begins only after the candidate is
considered a member of the House of Representatives, as stated in Section 17, Ar
ticle VI of the 1987 Constitution.
It explained that Reyes does not become a member of the House until she complete
s three stages specified in the lawvalid proclamation, proper oath taking and off
icial assumption of office at noon of June 30 after the polls.