Wednesday, May 22, 2013

Velasco seeks annulment of the "highly irregular, illegal and prremature" proclamation

Stage preparations for an earlier miting de avance in a Marinduque town

Proclamation of Marinduque representative hit


Repost from The Manila Times
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Incumbent Rep. Lord Allan Velasco of Marinduque has filed a petition before the Commission on Elections (Comelec) seeking to annul the proclamation of his opponent Regina Ongsiako Reyes who is allegedly a US citizen.

Velasco also chided the Provincial Board of Canvassers (PBOC) of Marinduque for disregarding a Comelec En Banc resolution declaring that Reyes is an alien who is unqualified for the cited elective position.

In a statement, Velasco lambasted the PBOC of Marinduque composed of Regional Director Emmanuel Ignacio, Prosecutor Bimbo Mercado and Magdalena Lim for proclaiming Reyes as the winner in the election for the post of representative of the lone district of Marinduque on May 18

Velasco, thus, called Reyes’ proclamation as “highly irregular, illegal and premature” in view of the May 14, 2013 resolution of the Comelec En Banc.

He stressed that the PBOC should have suspended the proclamation in the meantime to await whatever action the high court may take on the challenged resolution.

He sought the annulment of the Reyes proclamation for being null and void and devoid of any legal and constitutional basis.

“Marinduqueños are bewildered by Reyes’ proclamation since the PBOC is under the Comelec En Banc and is required to comply with and obey all resolutions and orders of the Commission,” Velasco said.

He added, “[Marinduque residents] are aghast at the thought that US citizen will represent them in the House of Representatives in violation of Section 6, Article VI of the Constitution, [which provides] that only a natural born Filipino citizen is qualified to become a Congressman.”

In the cited May 14, 2013 resolution of the Comelec En Banc, the poll body issued a resolution denying with finality the motion for reconsideration of Reyes.

She filed the said motion in connection with the March 27, 2013 resolution of the Comelec En Banc, which declared that she is a US citizen and ineligible for the contested post.

Reyes allegedly admitted that she did not avail of Republic Act 9225 to reacquire her Filipino citizenship.

The poll body also brushed aside Reyes’ claim that she is a dual citizen of the Philippines and the US because of her previous marriage with a certain Saturnino Ador Dionisio.

She claimed that, she acquired her US citizenship by virtue of her marriage to a US citizen.

Reyes, however, denied having undergone naturalization.

Her arguments failed to convince the Comelec En Banc, which eventually ruled that she was not able to present any legal or factual bases for her position.

The case stemmed from a petition filed by Joseph Tan to deny due course to or cancel Reyes’ certificate of candidacy on the basis of several false representations made by Reyes in her certificate of candidacy.

The petition stated that Reyes intentionally withheld the fact that she is single, a natural-born Filipino citizen, and a resident of Boac, Marinduque.

The poll body pointed out that Reyes is a US citizen and relied on the certificate issued by the Bureau of Immigration detailing Reyes’ use of a US passport since 2005.

Velasco is the son of Supreme Court Associate Justice Presbiterio Velasco Jr. while Reyes is the daughter of incumbent Gov. Carmencita Reyes of Marinduque and the sister of Toll Regulatory Board head Edmundo Reyes Jr.