MANILA, Philippines — Romeo Jalosjos Jr. on Friday asked Supreme Court (SC) to reverse its ruling that annulled his proclamation as Zamboanga Del Norte’s first district representative.
This verdict was handed down on August 8, 2023.
During the 2022 congressional race in Zamboanga Del Norte, candidate F. “Kuya Jan” Jalosjos filed his certificate of candidacy.
Jalosjos Jr. asked Commission on Elections (Comelec) to declare him (F. Jalosjos) a nuisance candidate.
He said there was an intent to confuse the voters.
He explained not only do they have the same surname, but the nickname “Kuya Jan” closely resembled his “Kuya Jonjon” nickname too.
On April 19, 2022, Comelec declared F. Jalosjos a nuisance candidate.
After the elections, Roberto Uy Jr. secured 69,591 votes.
Jalosjos Jr. received 69,109 votes.
Despite being a nuisance candidate, F. Jalosjos still received 5,424 votes.
Eventually, Jalosjos Jr. was declared the winner.
This took place after Comelec ruled the votes for F. Jalosjos should be credited to Jalosjos Jr.
F. Jalosjos filed separate petitions in Supreme Court.
On July 2022, SC issued a Status Quo Ante Order (SQAO).
SQAO requires all parties to observe the status quo (or situation) prevailing before May 12 and June 7, 2022 resolutions of Comelec.
The May 12, 2022 resolution granted Jalosjos Jr.’s motion to suspend the proclamation of the leading candidate, Uy.
The June 7, 2022 resolution denied F. Jalosjos’ petition for lack of merit.
In its August 2023 ruling, the high tribunal said Jalosjos Jr. could not yet assume office due to the SQAO.
It pointed out the order prevented the proclamation of any candidate while the case is still pending.
READ: SC voids Romeo Jalosjos’ proclamation as Zamboanga del Norte congressman
In his motion for reconsideration filed on Friday, Jalosjos Jr. said Comelec merely followed the “current state of our law” when it credited to him the votes cast for F. Jalosjos.
“It did not exercise its judgment in an arbitrary, capricious, or whimsical manner,” Jalosjos Jr. noted.
He cited an SC ruling on Consertino versus Comelec.
He presented the quote wherein the magistrates had declared, “as long as there is a final and executory judgment declaring a person a nuisance candidate, the votes received by the nuisance candidate shall be credited to the legitimate candidate.”
“All told, there is no grave abuse of discretion on the part of Public Respondent Comelec when it issued the order that the votes cast in favor of the nuisance candidate be counted in favor of the legitimate candidate,” Jalosjos Jr. concluded.