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ISSUE
Whether or not the COMELEC have the right jurisdiction about the petition even though the private
respondent was elected and proclaimed.
RULLING
NO. The COMELEC en banc had no jurisdiction to entertain the motion because the proclamation of private
respondent barred further consideration of petitioner's action. In the same vein, considering that at the time
of the filing of this petition on June 16, 1998, private respondent was already a member of the House of
Representatives, this Court has no jurisdiction over the same. Pursuant to Art. VI, section17 of the
Constitution, the House of Representatives Electoral Tribunal has the exclusive original jurisdiction over the
petition for the declaration of private respondent's ineligibility.