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By William B. Depasupil, Reporter
THE Supreme Court (SC) is now the new
battleground of two powerful political families fighting over the
first congressional district of the province of Negros Oriental.
Incumbent Rep. Jocelyn Limkaichong,
following the conflicting decisions of the Commission on Elections (Comelec)
on her proclamation and disqualification as representative of the
first district of Negros Oriental, elevated the issue to the High
Tribunal.
In a six-page motion, Limkaichong, through her
lawyer Pete Quirino-Quadra, asked the SC to set the consolidated
cases involving her election as member of Congress for oral
argument.
Of the consolidated four cases in the tribunal,
the lady lawmaker filed one, while Louis Biraogo, Renald Villando
and Olivia Paras, who ran against her in the May 14, 2007,
elections, initiated the others.
Olivia Paras is the wife of former congressman,
Jacinto Paras, who now sits at the board of the Philippine National
Oil Co. Jacinto’s brother, Jerome, was also a former three-term
congressman of the same district.
Jacinto Paras, taking the cudgels for his wife,
has warned against violation of the rules on sub judice, saying that
the issues raised against Limkaichong is better left for the
Court to settle.
Olivia Paras and her brother-in-law, Jerome
Paras, both ran against Limkaichong in the 2007 elections.
Limkaichong won by a majority of 7,746 votes against Olivia Paras
and less than 40,000 votes over Jerome Paras.
“We respectfully pray that the . . . cases be
set for oral arguments on the . . . jurisdictional and
constitutional questions that we have raised,” Limkaichong, in her
motion, said.
In particular, Limkaichong assailed as
unconstitutional the contention of her rivals that the June 29,
2007, Comelec en banc resolution affirming the May 17, 2007,
Resolution of the Comelec Second Division disqualifying her is
allegedly final and executory because she did not file a petition
for certiorari within five days from the promulgation of the June
29, 2007, Comelec en banc resolution.
She cited Section 7, Article 9 of the
Constitution and Section 2, Rule 64 of the Rules of Court, which
provides that “any decision, order, or ruling of its Commissions
may be brought to the Supreme Court on certiorari by the aggrieved
party within 30 days from receipt of a copy thereof.”
The congresswoman also urged the SC to resolve
the conflicting decisions of the Comelec involving her candidacy and
proclamation as the duly elected representative of the First
District of Negros.
This was in reference to the May 17,2007,
Resolution of the Comelec Second Division and the evenly divided
June 29, 2007, Comelec en banc Resolution affirming the said May 17,
2007, Resolution disqualifying her from being a congressional
candidate.
On May 25, 2007, the Provincial Board of
Canvassers of Negros Oriental proclaimed Limkaichong as the
duly-elected representative of the First District, citing as basis
Comelec Resolution 8062 providing that there shall be no suspension
of the proclamation of winning candidates with pending
disqualification cases.
Despite the Comelec resolution, Villando and
Paras questioned the proclamation of Limkaichong.
Nonetheless, Limkaichong’s proclamation has
been sustained by the Comelec First Division on June 29, 2007, when
it denied the petition to annul her proclamation on the ground that
it was in accordance with Comelec Resolution No. 8062. The Comelec
en banc on February 1, 2008, also denied a motion for
reconsideration of the said First Division ruling.
“These conflicting rulings of the Comelec on
Limkaichong’s proclamation and the disqualification cases need to
be clarified by our Honorable Justices during the oral argument.
These vital issues must be resolved by the Court, in the interest of
substantial justice,” the motion said.
Limkaichong also appealed to the SC to review
the propriety of the Comelec proceedings on her father citizenship,
and argued, “The validity of the naturalization proceedings of the
father of Limkaichong cannot be collaterally attacked in the
petitions for disqualifications.”
“There would be a violation of procedural due
process of law because Julio Ong Sy is not even a party thereto,”
the motion said.
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