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Regina Ongsiako Reyes Vs. Commission on Elections and Joseph Socorro B. Tan [Dissenting Opinion J. Carpio]

REGINA ONGSIAKO REYES, Petitioner, vs. COMMISSION ON ELECTIONS and JOSEPH SOCORRO B. TAN, Respondents. Dissenting Opinion J. Carpio

G.R. No. 207264 | 2013-10-22

EN BANC

DISSENTING OPINION

CARPIO,J.:

I dissent. Based on existing jurisprudence, jurisdiction over any election contest involving House Mennbers is vested by the Constitution in the House of Representatives Electoral Tribunal (HRET) upon proclannation of the winning candidate. Any allegation that the proclannation is void does not divest the HRET of its jurisdiction. It is the HRET that has jurisdiction to resolve the validity of the proclamation as the "sole judge of all contests relating to the election, returns, and qualifications"1 of House Members. To hold otherwise will result in a clash of jurisdiction between constitutional ...