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THE Supreme Court (SC) has granted the appeal of Rep. Jocelyn
Limkaichong of Negros Oriental to hold oral argument on her case
involving the conflicting decisions of the Commission on Elections (Comelec)
with regards to her proclamation and disqualification.
In an en banc resolution, the High Tribunal
scheduled the oral arguments on August 12 to give lawyers of all
parties sufficient time to deliberate on their respective legal
positions.
The decision came following an earlier
manifestation made by the Office of the Solicitor General (OSG)
asking the High Tribunal to dismiss, for being moot and academic,
all cases challenging the citizenship of Limkaichong, as well as
her proclamation as the duly elected representative of the First
District of Negros Oriental in the 2007 congressional race.
Solicitor General Agnes Devanadera also said
that the House of Representatives Electoral Tribunal (HRET) has the
exclusive jurisdiction to resolve cases relating to the election and
qualification of congressmen.
Limkaichong, who ran and won under the banner of
the administration Lakas-CMD Party, won by a majority of 7,746 votes
over her next rival Olivia Paras, and less than 40,00 votes over the
third placer, former Rep. Jerome Paras. Olivia is the wife of former
Rep. Jacinto “Jing” Paras, while Jerome is a brother of Jacinto.
Of the consolidated cases before the High
Tribunal, one was filed by the lady lawmaker, while the others were
initiated Louis Biraogo, Renald Vllando and Olivia Paras, who ran
against her in the May 14, 2007, elections.
The counsel for Limkaichong, lawyer Pete Quirino-Quadra,
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.
-- William B. Depasupil
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