Extracts from the Comelec Resolution in the matter of declaring null and void the proceedings of the Provincial Board of Canvassers (PBOC) of Marinduqe and the subsequent proclamation of Regina O. Reyes as member of the House of Representative in the Lone District of Marinduque. Filed by Petitioner Rep. Lord Allan Jay Q. Velasco. (SPC No. 13-010):
“Moreover, considering the
peculiar circumstances of the instant case, we take note that respondent did not avail herself of
the right to file a petition before the HRET to contest the legality of the May 14, 2013 Resolution
of the Comelec En Banc. If she really believes that HRET has jurisdiction over
the issue of her eligibility as candidate for the said May 14, 2013 Resolution or
the legality of her May
18, 2013 proclamation, then she should have immediately filed a
petition before the said tribunal to prevent said resolution from attaining
finality right after her first proclamation pursuant to the May 15, 2013 Resolution of
the Villa PBOC or, at the latest, after May 18, 2013 when she was proclaimed by
the Ignacio PBOC. Her failure to seek recourse from HRET is an admission on her
part that this Commission still retains jurisdiction over the instant petition.
“Furthermore, in the second
paragraph of page 3 of her Verified Answer to the instant petition, respondent
expressly admitted that HRET still has no jurisdiction over the instant
petition by reserving her right to take appropriate action before the Supreme
Court, thus:
“Respondent admits the
allegations as to her being a resident of Barangay Lupac, Boac, Marinduque as
well as her being a candidate for the position of Representative in the lone
district of Marinduque. Respondent, however, expresses reservations and
commenting on the Resolutions issued by the Honorable Commission (First
Division and En Banc) considering the same will be made subject of an
appropriate Petition before the Supreme Court.” (Emphasis and underscoring
supplied)”
“Reyes should have made
reservation in her Verified Answer of her right to institute the appropriate
action before the HRET to support her position that HRET’s jurisdiction starts
after proclamation. Her admission that she will seek relief from the Supreme
Court is proof of her recognizing HRET without jurisdiction even if she has
been proclaimed by the Ignacio PBOC.
“The present petition,
strictly speaking, is not a contest involving the “election, returns, and
qualifications” of Reyes, it does not even involve a determination of the “inadequacy
of the certificate of candidacy” of Reyes, considering that the same had
already been established in a separate case subject of this Commisson’s
Decision in SPA No. 13-053 (DC) entitled Joseph Socorro B. Tan v. Atty. Regina
Ongsiako Reyes, which is already final and executory.
“On the contrary, the
present petition involves the determination of the validity and propriety of
the proclamation made by the PBOC. In reality, the petitioner does not invoke
the exercise of the Commission’s quasi-judicial functions as to determine
matters related to the “election, returns, and qualifications” of Reyes.
Rather, the petitioner is invoking (1) the Commission’s administrative power of supervision and control over the PBOC and
(2) this Commission’s ministerial duty
to implement this Commission’s already final and executory Decision – both of
which fall within the jurisdiction of this Commission and, without a doubt,
outside the authority of the HRET.
“The Commission exercises
the power of “direct control and supervision over the Board of Canvassers.” As
such, it is possessed with ample authority to annul, reverse and modify the
acts of the PBOC and ensure that the latter performs its functions in
accordance with law and rules, regulations and resolutions of the Commission.”
