SC en banc junks Jalosjos petition PDF Print E-mail
Thursday, 20 June 2013 13:56

The Supreme Court en banc has dismissed the petition filed by former Zamboanga del Norte congressman Romeo Jalosjos questioning his disqualification from running as mayor of Zamboanga City in the May 13, 2013 mid-term elections.

According to SC Public Information Office Chief and Spokesman Atty. Theodore Te, Jalosjos’ petition was dismissed for being “moot and academic.”

However, the SC ruled upon the merits and legal issues of the case for its “doctrinal value.”

The SC cited Section 2, Article 30 of the Revised Penal Code, which discusses the effects of perpetual disqualification and deprivation of the right to vote and election to public office of candidates.

It also set aside Jalosjos’ argument that the above-stated provision was “partially amended by the Local Gov’t Code (LGC),” specifically, Sec. 40 (a), which provides that “those sentenced to final judgment for an offense involving moral turpitude or for an offense punishable by one or more of imprisonment within two years after serving sentence” are disqualified.

“Sec. 40 (a) of the LGC should be considered a law of general application and therefore must yield to the more definitive RPC provisions in line with the principle that general legislation must give way to special legislation on the same subject,” the SC said.

SC Associate Justice Estela Perlas-Bernabe will be the ponente of the case or the one tasked to make a study on the petition filed by Jalosjos.

Jalosjos asked the SC to turn down a Comelec en banc resolution cancelling his certificate of candidacy for Mayor of Zamboanga City in the May 13, 2013 elections on the ground of his previous conviction for the crime of rape which allegedly includes “perpetual disqualification for holding public office.”

In his petition for certiorari, Jalosjos asked the SC to reverse the said resolution for allegedly issued with grave abuse of discretion and lack of due process.