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

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

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

EN BANC

DISSENTING OPINION

LEONEN, J.:

I join Justices Carpio and Brion in their Dissent, but I wish to clarify my reasons further.

I

In case of doubt, there are fundamental reasons for this Court to be cautious in exercising its jurisdiction to determine who the members are of the House of Representatives. We should maintain our consistent doctrine that proclamation is the operative act that removes jurisdiction from this Court or the Commission on Elections and vests it on the House of Representatives Electoral Tribunal (HRET).

The first reason is that the Constitution unequivocably grants this discretion to another constitutional body called...