SC asked to unseat Jalosjos son as Zamboanga Sibugay rep

The Commission on Elections has asked the Supreme Court to uphold the poll body's earlier decision declaring Romeo Jalosjos Jr. ineligible for his post as Zamboanga Sibugay second district representative. In a comment filed by Comelec law department head Ferdinand Rafanan, the poll body said that it has the power to decide on Jalosjos' qualification even if he was already proclaimed as winning candidate in the May 2011 elections. "Considering that Jalosjos’ proclamation is void from the very beginning by the fact that he is disqualified from running... and therefore could not be voted upon, there is in fact no proclamation to speak of," said the Comelec. "The fact that the petition for disqualification was filed directly with the Comelec, the Comelec could still rule on the nullity of Jalosjos’ proclamation, the same being properly raised in seasonably filed motion for reconsideration," it added. The Comelec en banc, on June 3, 2010, ruled on the ineligibility of Jalosjos, son of convicted rapist Romeo Jalosjos who was released from prison in March 2009. The poll body said the younger Jalosjos cannot run as candidate for Zamboanga Sibugay's second district due to lack of residency requirement. The Comelec found the lawmaker failed to prove that he had established a new domicile in Barangay Veterans Village in Ipil, Zamboanga Sibugay. But in his petition filed with the Supreme Court, Jalosjos said that because he had been proclaimed already and taken his oath as representative, the House of Representatives Electoral Tribunal (HRET) and not the Comelec should determine his eligibility. In response, the Comelec said that "at the time of Jalosjos’ proclamation and before his assumption into office (as member of Congress), the issue on the validity of the resolution of the second division of the Comelec has not yet been resolved by the Comelec en banc." "To stress again, at the time of the proclamation of Jalosjos, the validity of the resolution of the Comelec’s second division dated Feb. 23, 2010 was seasonably challenged by Erasmo in his motion for reconsideration. The issue was still within the exclusive jurisdiction of the Comelec en banc to resolve. Hence, the HRET cannot assume jurisdiction over the matter," added the poll body. — RSJ, GMA News