The Lower House cannot automatically unseat one of its members, Rep. Fernando Vallejo Gonzalez of Albay, just because the Commission on Elections has cancelled his proclamation, House Speaker Feliciano Belmonte said Wednesday.
Unseating Gonzalez will now depend on the House of Representatives electoral tribunal (HRET), Belmonte said in an interview with reporters, reacting to a recent Comelec decision to cancel the proclamation of the congressman representing Albay’s third distruct on grounds of citizenship.
Belmonte said the rule of thumb is that the House will recognize any winning congressional candidate who will present his proclamation papers duly signed by the Comelec.
“If you say that you have won but you are not holding a proclamation, then we cannot act," he said. But in the case of a lawmaker who has already assumed office, Belmonte said, the Constitution provides that only HRET can order his unseating based on a disqualification case filed before it. The Comelec earlier issued a resolution canceling the proclamation of Rep. Gonzalez for alleged failure to prove his Filipino citizenship. (See: Comelec unseats Albay lawmaker over citizenship issue.)
Section 6, Article VI of the 1987 Constitution states that “No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age…"
Gonzalez admitted that he was born of a Spanish father and a Filipino mother and he took his Oath of Allegiance in 1961. However, the Comelec said it is insufficient.
In a separate interview, Majority Leader and Muntinlupa Rep. Neptali Gonzales said the House will exercise its authority in dealing with the cases of their colleagues.
“Right now, it is a status quo," he said.
“I don’t think the Comelec can compel Congressman Gonzalez to leave his posts. It is a policy that once a lawmaker has been proclaimed and the proclamation was communicated to the House of Representatives, the policy is you have to file a petition at the HRET, besides Congressman Gonzalez already appealed to the Supreme Court," Gonzales added.—Amita O. Legaspi/JV,
