G.R. No. 260650, 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

On June 23, 2022, the Provincial Board of Canvassers reconvened and proclaimed respondent Romeo M. Jalosjos, Jr. as the winning candidate for Zamboanga del Norte’s first district representative. He took his oath of office before Senator Cynthia A. Villar and assumed office at noon on June 30, 2022. With these developments, the dissenting opinion argues the Petitions should be dismissed for lack of jurisdiction.

ISSUE

Whether the House of Representatives Electoral Tribunal (HRET) acquires exclusive jurisdiction over election contests relating to a member of the House of Representatives only upon the concurrence of a valid proclamation, taking of oath, and assumption of duties.

RULING

No. The dissenting opinion argues that the doctrine in Reyes v. Commission on Elections—which requires the concurrence of three requisites (proclamation, oath, and assumption of office) for HRET jurisdiction—should be abandoned for being contrary to the Constitution and established jurisprudence.
The Constitution, under Article VI, Section 17, provides that the House Electoral Tribunal “shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective members.” The word “sole” emphasizes the exclusive character of this jurisdiction. Jurisprudence holds that the earliest moment there can be members of the chamber is upon their proclamation as winners. The operative act that removes jurisdiction from the Commission on Elections and vests it in the HRET is proclamation. Certification by the proper provincial board of canvassers is sufficient to entitle a member-elect to a seat. Therefore, once a winning candidate is proclaimed, jurisdiction over any election contest is vested in the electoral tribunal. The dissenting opinion cites Angara v. Electoral Commission, Vinzons-Chato v. Commission on Elections, and Jalosjos, Jr. v. Commission on Elections to support the view that proclamation alone divests COMELEC of jurisdiction. The opinion concludes that since Romeo M. Jalosjos, Jr. was proclaimed on June 23, 2022, the HRET already has jurisdiction, and the Petitions should be dismissed.