(Eagle News)–The Supreme Court has nullified the proclamation of Romeo Jalosjos Jr. as the representative of the first district of Zamboanga del Norte in the House of Representatives.
This after the High Court granted the petitions filed by Roberto Pinpin Uy Jr. which assailed the Commission on Elections en banc order that sought to “legally pass” the votes then-obtained by Frederico Jalosjos to Romeo Jalosjos Jr., and to suspend Uy’s proclamation.
The resolution was issued after Frederico Jalosjos was declared a nuisance candidate by the Comelec in April 2022 based on a petition filed by Romeo Jalosjos Jr. in November 2021.
Frederico Jalosjos filed a motion for reconsideration, but the Comelec denied it, noting that it had been filed late.
The Comelec’s move paved the way for Romeo Jalosjos Jr. to be proclaimed the winner of the congressional race in the May 2022 elections, with his resulting 4942 more votes obtained over Uy.
In granting Uy’s petitions, the SC, the Public Information Office said, noted that candidates who receive the highest votes should be proclaimed without any unnecessary delay, and that the Comelec cannot dispose of such a proclamation motu proprio.
“In Uy’s case, the Comelec, motu proprio, ordered the suspension of his proclamation even though the (Provincial Board of Canvassers) had clear basis to proclaim Uy as the winning candidate, having garnered the highest number of votes,” the SC PIO said.
It added the resolution was based on the “bare allegations” of Romeo Jalosjos Jr., and that there were some irregularities in the Comelec en banc’s suspension order.
Among these, the SC PIO said, was the fact that the copy was sent by electronic mail to the PBOC in advance and did not have a date.
It added it also did not have the complete signatures of the Comelec members nor a certification and a notice signed by the Comelec’s Clerk of Court.
On the issue of whether or not Frederico Jalosjos was a nuisance candidate, the SC ruled, according to the PIO, that he wasn’t, noting that the names “Jalosjos, Kuya Jan (NUP)” and “Jalosjos, Jr., Romeo (NP)” on the ballots already bore striking differences.
The SC added the Comelec should have accepted Frederico Jalosjos’ motion for reconsideration even if if it had been filed after the deadline with the circumstances of his case meriting the “liberal application of the rules in the interest of substantial justice.”
The SC, according to the PIO, said this was because the issue of whether Frederico Jalosjos is a nuisance candidate “is determinative not only of the proper treatment of his votes but also as to the outcome of the elections.”
