THE Supreme Court on Wednesday tossed to the House of Representatives Electoral Tribunal (HRET) the election protest filed by Wigberto Tañada Jr., brother of former Deputy Speaker Erin Tañada, against congressman Angelina Tan of Quezon’s Fourth District.
In an en banc decision, the high court, voting 11-0, left to the HRET the discretion to decide the case filed by Tañada Jr. questioning a Commission on Elections (Comelec) decision holding that one Alvin John Tañada was not a nuisance candidate.
The SC Public Information Office said in a statement that “[t]he Court is now without jurisdiction to resolve the case and the issues concerning the conduct of the canvass and the resulting proclamation of Angelina Tan are matters which fall under the sole jurisdiction of the House of Representatives Electoral Tribunal [HRET].”
The court based its decision on Article VI, Section 17 of the 1987 Constitution, the SC PIO said.
Tañada lost to Tan by 4,084 votes in the May 13 elections.
He, however, claimed that his votes was counted in Alvin John’s favor (7,038) despite his disqualification and the latter’s certificate of candidacy was cancelled for failing to meet the residency requirement.
Tañada wants Alvin John’s votes to overthrow Tan.