While appeal is pending: Bebot can keep post

CEBU, Philippines - Cebu City South District Rep. Rodrigo Abellanosa can keep his post until the Office of the Ombudsman rules on his appeal on the decision to disqualify him from holding public office.

Cebu City North District election officer Edwin Cadungog explained that Comelec has no jurisdiction over Abellanosa's disqualification since he was already proclaimed as duly elected member of the House of Representatives.

Cadungog said the authority to enforce the Ombudsman's order lies with the House of Representative when the anti-graft office renders a ruling on Abellanosa's appeal.

"Amoa, igo ra mi mag-proclaim sa mga kandidatong nakadaog. Kun wala ma-implement ang iyang disqualification katong sauna nga termino niya, wala mi jurisdiction ana. Ang dunay jurisdiction ana is ang House of Representatives," Cadungog said.

Abellanosa was proclaimed as congressman dawn on May 10 together with other winning candidates in Cebu City.

Under the law, the Comelec's jurisdiction over election contests relating to a winning candidate's qualifications "ends once the said candidate has been proclaimed, taken his oath, and assumed office as a member of the House of Representatives. The domain is now with the House of Representatives Election Tribunal."

The Ombudsman found Abellanosa guilty of grave misconduct for conflict of interest for signing the  memorandum of agreement between the city government and the Asian College of Technology (ACT) for the city's scholarship program when he was still both councilor and trustee-president of ACT.

Aside from dismissal from service, the Ombudsman also ordered to cancel his eligibility and forfeited his retirement benefits.

The Ombudsman clarified it has no jurisdiction over the disqualification case.

"Election matters are within the domain of the Comelec. They have the authority to resolve issues concerning the qualifications of candidates," said lawyer Corazon Naraja, Ombudsman-Visayas spokesperson.

She said they already endorsed their decision to Comelec for its action or implementation.

Sought for comment, Abellanosa pointed out that the Ombudsman's decision is unconstitutional, which prompted him to elevate the matter to the appellate court. The appeal is still pending.

Hinging on the Ombudsman Rules, Abellanosa said the anti-graft office does not have disciplinary jurisdiction over members of Congress, members of the judiciary, and impeachable officials.

"I have been advised by my lawyers that the Ombudsman's decision is unconstitutional. Hence, both Congress and Comelec have refused thus far to enforce the decision. The Ombudsman cannot insist on the enforcement of its decision as a means to frustrate the will of the people. The people have spoken. They have chosen me as their Representative. It is undemocratic for the Ombudsman to insist otherwise," he said.

"In fact, the Ombudsman continues to have no administrative jurisdiction over a member of Congress. This act if true is nothing short of harassment, an attack on the Constitutional provisions on due process and separation of powers," he added. — (FREEMAN)