FACTS:
Lord Allan Velasco and Regina Reyes ran as Representative of the Lone District of Marinduque in the
2013 elections. However, COMELEC En Banc cancelled Reyes’ COC on May 14, 2013 due to several
misrepresentations in her certificate including her residency. Despite this COMELEC resolution, the
Marinduque Provincial Board of Canvassers (PBOC) proclaimed Reyes as winner of the May 2013
elections, Velasco tailed 2nd. Eventually Speaker Belmonte administered the oath of Reyes and at noon of
June 30, Reyes assumed office and started discharging the functions of a Member of House of
Representatives.
On July 9, 2013, COMELEC En Banc proclaimed Velasco as winning candidate and ordered PBOC’s
proclamation of Velasco, to which PBOC complied. However, on the joint session of the 16 th Congress of
the Republic of the Philippines, Reyes together with the rest of the Members of House of Representatives
took their oaths in open session before Speaker Belmonte. COMELEC then again issued an order on
December 11 directing the implementation and enforcement of the May 14 resolution which cancelled the
COC of Reyes and the July 9 resolution proclaiming Velasco as winning candidate. Velasco then wrote
request letters to Speaker Belmonte and Sec Gen Barua-Yap but they refused to administer the oath of
office and register the name of Velasco in the Roll of Members of the House of Representatives after he
has taken his oath of office, respectively. Likewise, Reyes refused to vacate the office and continued to
discharge the duties of said position. Reyes argues that the Court is devoid or original jurisdiction to
annul her proclamation. Instead, it is the HRET that is constitutionally mandated to resolve any questions
regarding her election, returns of such election, and her qualifications as a Member of House of
Representatives especially so that she has been proclaimed, taken her oath, and started to discharge her
duties as a Member of House of Representatives.
ISSUE:
Whether or not the HRET has jurisdiction on Reyes’ case
Whether or not Speaker Belmonte, Jr. and Sec. Gen. Barua-Yap can be compelled to administer the
oath of office and register the name of Velasco in the Roll of Members of the House of
Representatives after he has taken his oath of office
RULING:
No. HRET has no jurisdiction on Reyes’ case. The important point of reference should be the date the
COMELEC finally decided to cancel the Certificate of Candidacy (COC) of Reyes which was on May 14,
2013. Without a valid COC, Reyes could not be treated as a candidate in the election and much less as a
duly proclaimed winner. Without the proclamation, the petitioner's oath of office is likewise baseless, and
without a precedent oath of office, there can be no valid and effective assumption of office. Reyes
therefore is not a bona fide member of the House of Representatives for lack of a valid proclamation and
therefore HRET has no jurisdiction over the cases filed against Reyes. This is pursuant to Section 17,
Article VI of the 1987 Constitution wherein jurisdiction of the HRET begins only after the candidate is
considered a Member of the House of Representatives
Yes. Speaker Belmonte, Jr. and Sec. Gen. Barua-Yap can be compelled to administer the oath of office
and register the name of Velasco in the Roll of Members of the House of Representatives after he has
taken his oath of office. It is beyond cavil that there is in existence final and executory resolutions
declaring null and void the proclamation of Reyes, and proclaiming Velasco as the winning candidate for
the position of Representative for the Lone District of the Province of Marinduque. The administration of
the oath of office to Velasco and the inclusion of his name in the Roll of Members are ministerial in
character vis-a-vis the factual and legal milieu of this case and are no longer a matter of discretion or
judgment on the part of Speaker Belmonte, Jr. and Sec. Gen. Barua-Yap as they are legally duty-bound
to recognize Velasco as the duly elected Member of the House of Representatives for the Lone District of
Marinduque.
