THE Supreme Court (SC) has ordered the House of Representatives Electoral Tribunal (HRET) and former House Deputy Speaker Raul Daza to explain on the ouster of Northern Samar Rep. Harlin Abayon.
This, after the high court has issued a Resolution ordering respondents HRET and Daza to file its comment as to alleged grave abuse of discretion they have committed pushing for the ouster of Abayon and subsequently allowed Daza to take his oath of office as representative of the First District of Northern Samar.
The SC has given the respondents to file their comments within a period of 10 days from receipt.
In a petition for certiorari and prohibition, dated March 9, 2016, Abayon argued that the HRET has committed an error in granting the protest filed by Daza because its findings and conclusions were not supported by evidence as per records of the case.
Abayon added that HRET has no jurisdiction to cause the annulment of the result of the election for the member of the House of Representatives in the clustered precinct numbers 9 (Barangay Chansvilla), 10 (Barangay Datag), 19 (Barangay Salvacion), 25 (Barangay Toog) and 14 (Barangay Lungib) in Victoria, Northern Samar because it falls within the exclusive jurisdiction of the Comelec en banc.
It was also alleged that the annulment, which is tantamount to failure of elections, was a “massive disenfranchisement of votes” considering that Daza did not present any substantial proof that the alleged “terroristic acts” are extensive in character which caused the impossibility of differentiating the valid votes from the invalid ones.