For continuously representing herself to be the Marinduque Representative and performing functions relative to the position and for allegedly receiving salaries and other benefits including funds intended for the maintenance and operational expenses of the office of the Representative for Marinduque, Regina O. Reyes has been charged with violation of Art. 177 of the Revised Penal Code on usurpation of authority and official functions.
The case was docketed at the Quezon City Prosecutor's Office, filed by Lord Allan Jay Q. Velasco with Docket No. XV-03-INV-1 4D-3212 on Thursday, April 10, 2014.
Velasco has been proclaimed by the COMELEC on July 16, 2013, as the duly elected Member of the House of Representatives for Marinduque.
It will be recalled that the COMELEC First Division denied due course and cancelled Reyes' Certificate of Candidacy on March 27, 2013. The COMELEC en Banc then issued its Resolution dated 14 May 2013, affirming the ruling of the COMELEC First Division.
Reyes then filed a petition for certiorari before the Supreme Court claiming "grave abuse of discretion" by COMELEC. The High Court dismissed Reyes' petition and affirmed the earlier issued Resolutions of the poll body, finding no grave abuse of discretion on the part of COMELEC.
Reyes then filed a motion to reconsider the Supreme Court's 25 June 2013 Resolution affirming the 14 May 2013, COMELEC en banc resolution.
The Supreme Court denied Reyes' motion and dismissed her petition for certiorari with finality and with entry of judgment ordered.
Despite the said entry of judgment, Reyes filed a motion for leave to file and admit motion for reconsideration on 27 November 2013. Said motion was denied by the Supreme Court on 3 December 2013, citing that such motion is a prohibited pleading, being a second motion for reconsideration.
In his complaint, Velasco, stated that with the 3 December 2013 Resolution of the Supreme Court "it became clear that, since the annulment of Reyes' proclamation and subsequent proclamation of the undersigned as the lawfully and rightfully elected Marinduque representative, Reyes had since lost her standing to continue to represent herself to be a Member of the House of Representatives".
Velasco cited in his complaint that Reyes' continued representation of herself as a Representative and performing acts pertaining to said position are in violation of Article 177 of the Revised Penal Code. Said provision reads:
ART. 177. Usurpation of authority or official functions. - Any person who shall knowingly and falsely represent himself to be an officer, agent or representative of any department or agency of the Philippine Government or of any foreign government, or who, under pretense of official position, shall perform any act pertaining to any person in authority or public officer of the Philippine Government or any foreign government, or any agency thereof, without being lawfully entitled to do so, shall suffer the penalty of prison correccional in its minimum and medium periods.
