G.R. No. 260650 & 260952, August 8, 2023
ROBERTO “PINPIN” T. UY, JR., PETITIONER, VS. COMMISSION ON ELECTIONS, VERLY TABANCURA-ADANZA, IN HER CAPACITY AS PROVINCIAL ELECTION SUPERVISOR AND CHAIRPERSON OF THE PROVINCIAL BOARD OF CANVASSERS FOR THE PROVINCE OF ZAMBOANGA DEL NORTE, PROVINCIAL BOARD OF CANVASSERS FOR THE PROVINCE OF ZAMBOANGA DEL NORTE, AND ROMEO M. JALOSJOS, JR., RESPONDENTS. [G.R. No. 260952] FREDERICO P. JALOSJOS, PETITIONER, VS. ROMEO M. JALOSJOS, JR., AND THE COMMISSION ON ELECTIONS, RESPONDENTS.

FACTS

The consolidated petitions involve the election for Representative of the First District of Zamboanga del Norte. Respondent Romeo M. Jalosjos, Jr. (Romeo) was proclaimed the winning candidate by the Provincial Board of Canvassers on June 23, 2022. On the same day, he took his Oath of Office before Senator Cynthia A. Villar. The term of office for Members of the House of Representatives begins at noon on June 30 following their election. The ponencia (main decision) ruled that Romeo never became a Member of the House because he failed to take an oath before the Speaker of the House in open session, which it considered a requisite under House Rules. The ponencia also reversed a final COMELEC judgment that had declared petitioner Frederico P. Jalosjos a nuisance candidate.

ISSUE

Whether the Supreme Court retained jurisdiction over the consolidated petitions after June 30, 2022, or whether exclusive jurisdiction over the contest had vested in the House of Representatives Electoral Tribunal (HRET).

RULING

The dissenting opinion argues that the consolidated petitions should be dismissed for lack of jurisdiction. The HRET’s exclusive jurisdiction over contests relating to the election, returns, and qualifications of Members of the House attached on June 30, 2022, when Romeo assumed office by operation of law. This ousted the Supreme Court of jurisdiction. The Status Quo Ante Order issued by the Court on July 12, 2022, was therefore issued without jurisdiction and is null and void.
Romeo satisfied the three requisites to become a Member of the House: (1) he was proclaimed on June 23, 2022; (2) he took a valid oath before a duly authorized public officer (Senator Villar) on June 23, 2022; and (3) he assumed office on June 30, 2022, as mandated by the Constitution. The oath before the Speaker under the House Rules is merely a ceremonial affirmation of a prior valid oath and is not a constitutional or legal prerequisite for assumption of office. Requiring such an oath as a precondition is legally impossible, as the Speaker is elected from among incumbent Members who must already have assumed office. Consequently, the HRET became the sole judge of the contest. Furthermore, the ponencia’s reversal of the COMELEC’s final judgment declaring Frederico a nuisance candidate violates the doctrine of immutability of judgments.