THE Commission on Elections (Comelec) has ruled with finality that Filipino boxing icon Emmanuel “Manny” Dapidran Pacquiao will serve his term a congressman of Sarangani, giving him a “victory” ahead of his incoming fight against former welterweight champion Antonio Margarito. The Comelec en banc junked the motion for reconsideration filed by the Sarangani Reconciliation and Reformation Organization (SARRO) asking that Pacquiao be disqualified on grounds that he did not meet the domicile or residency requirement to run as Representative of Saranggani in the May 10 polls.
In a three-page resolution, the poll body opined that the motion filed by SARRO did not raise any new issue that would warrant the reversal of their earlier findings and that the group’s appeal has no merit.
“A careful perusal of the motion shows that petitioner did not raise any issues that would call for the review of the assailed resolution. The allegations are mere rehash of the issues raised in the petition which have already been passed upon and squarely addressed earlier,” the ruling stated.
The ruling, which was signed by Comelec Chairman Jose Melo and was concurred in by six poll body commissioners, also argued that the Comelec has no more jurisdiction to hear and try the case of Pacquiao since the boxing icon already won the congressional race in Sarangani.
It was pointed out that the Supreme Court had ruled in a series of cases that once a member of the House of Representatives has been proclaimed, the Comelec loses its jurisdiction over the case and any electoral complaints should be raised before the House of Representatives Electoral Tribunal.
“Once a winning candidate has been proclaimed, taken his oath and assumed office as a member of the House of Representatives, the Comelec’s jurisdiction over election contests relating to his election, returns and qualifications ends, and the House of Representatives Electoral Tribunal’s own jurisdiction begins,” the ruling stated.
The Comelec said that the contention that Pacquiao be disqualified because he changed his domicile from General Santos City to Sarangani does not hold water.
The poll body also took judicial notice of the overwhelming victory notched by Pacquiao in the May 10, 2010 elections.
“[T]he constituents of Sarangani have given the imprimatur that respondent has met the residency requirement laid down by the law and that his intimacy with the needs and affairs of the said province makes him eligible to represent them in the halls of Congress. His election behooves us to give due importance and recognition to the people’s will,” the ruling stated.
Pacquiao won over veteran politician Roy Chiongbian by garnering 125,000 votes over the 90,000 of the latter.
BY JOMAR CANLAS REPORTER
Follow us on: