Marinduque solon withdraws SC petition, says HRET now proper forum for poll case
Marinduque Rep. Regina Ongsiako-Reyes on Tuesday withdrew her petition before the Supreme Court contesting her disqualification from the May 2013 elections for allegedly being an American citizen.
In a manifestation and notice of withdrawal, Reyes explained to the court that jurisdiction over the issue has now shifted to the House of Representatives Electoral Tribunal (HRET) after she was "officially and formally recognized" as the duly elected representative of Marinduque when the 16th Congress opened its session on Monday.
"With the Petitioner’s admission and recognition in the House of Representatives, and the official opening and organization of the House of Representatives, all controversies regarding Petitioner’s qualifications and election to office are now within the jurisdiction of the HRET," Reyes noted.
Reyes said she and other House members in the 16th Congress have taken their oath of office before House Speaker Feliciano Belmonte Jr. in open session after Belmonte was elected House Speaker on Monday.
She also said she was withdrawing her petition considering the absence of any comment and opposition from the Commission on Elections (Comelec), which disqualified her, and Joseph Socorro Tan, who asked for her disqualification.
Reyes, however, stressed that she was withdrawing her petition "without waiver of her arguments, positions, defenses/causes of action as will be articulated in the HRET which is now the proper forum."
The high court had earlier upheld the Comelec decision to disqualify Reyes due to issues on her citizenship, prompting Reyes to file a motion for reconsideration.
Reyes also moved for the inhibition of SC Associate Justice Jose Perez, who wrote the decision.
Reyes had accused Perez of being close with Associate Justice Presbitero Velasco, whose son, Lord Allan Jay Velasco, was her rival and the proclaimed representative of Marinduque's lone district following her disqualification.
For his part, Reyes had also filed an inhibition petition against SC Associate Justice Arturo Brion, who wrote a dissenting opinion on the case and suggested that Reyes' petition should not be outrightly dismissed.
Reyes had claimed that while she got her US citizenship after marrying an American citizen, she has not yet undergone naturalization.
The Comelec, however, ruled that Reyes failed to present any legal and factual basis to support her argument. It also noted a Bureau of Immigration document showing that Reyes had been using a US passport since 2005. — Mark Merueñas/KBK, GMA News
(On July 23, 2013, Reyes formally withdrew her petition before the Supreme Court contesting her qualification claiming HRET is now the proper forum).
(On July 23, 2013, Reyes formally withdrew her petition before the Supreme Court contesting her qualification claiming HRET is now the proper forum).
