Harlin G. Abayon. PHOTO FROM congress.gov.ph
The Supreme Court on Wednesday ruled that Harlin G. Abayon is the duly elected representative of Northern Samar’s first legislative district.
In its ruling, the high court reversed and set aside the Feb. 3 and March 7, 2016 resolutions of the House of Representatives Electoral Tribunal’s (HRET) nullifying Abayon’s victory in the May 2013 polls.
HRET issued the ruling after former former House Deputy Speaker Raul Daza filed a petition questioning Abayon’s victory.
Daza accused Abayon of cheating during the canvassing of votes. He lost to Abayon by 52 votes.
The high court then ordered the HRET to explain its decision after Abayon appealed HRET’s ruling accusing the body of committing grave abuse of discretion.
He also said that the HRET’s findings and conclusions were not supported by evidence and the voiding of his votes is tantamount to failure of elections and massive disenfranchisement of voters.
“The Court upheld the jurisdiction of the HRET to annul elections conducted in a particular area or in specific precincts upon proof that terrorism, fraud or other irregularities were present. However, the Court disagreed with respondent HRET in the latter’s finding that the terrorism alleged to have been present was of such magnitude and gravity as to warrant the annulment of the elections,” the high court said.
The high court said that the order is immediately executory.
Under the Constitution, the HRET is the judge of all contests relating to the election returns and qualifications of the members of the House of Representatives. It is composed of three Supreme Court justices and six House members. RAM
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