This case concerns a petition filed by Regina Ongsiako Reyes challenging the resolutions of the Commission on Elections (COMELEC) that cancelled her certificate of candidacy (COC) for the position of representative of the lone district of Marinduque. COMELEC ruled that Reyes did not meet the citizenship and residency requirements for the position. Although Reyes was later proclaimed the winner and took her oath of office, COMELEC's resolution cancelling her COC had already become final, so her petition was denied. The Supreme Court affirmed, finding that COMELEC retained jurisdiction over the case even after Reyes' proclamation and swearing in, but before she assumed office.
This case concerns a petition filed by Regina Ongsiako Reyes challenging the resolutions of the Commission on Elections (COMELEC) that cancelled her certificate of candidacy (COC) for the position of representative of the lone district of Marinduque. COMELEC ruled that Reyes did not meet the citizenship and residency requirements for the position. Although Reyes was later proclaimed the winner and took her oath of office, COMELEC's resolution cancelling her COC had already become final, so her petition was denied. The Supreme Court affirmed, finding that COMELEC retained jurisdiction over the case even after Reyes' proclamation and swearing in, but before she assumed office.
This case concerns a petition filed by Regina Ongsiako Reyes challenging the resolutions of the Commission on Elections (COMELEC) that cancelled her certificate of candidacy (COC) for the position of representative of the lone district of Marinduque. COMELEC ruled that Reyes did not meet the citizenship and residency requirements for the position. Although Reyes was later proclaimed the winner and took her oath of office, COMELEC's resolution cancelling her COC had already become final, so her petition was denied. The Supreme Court affirmed, finding that COMELEC retained jurisdiction over the case even after Reyes' proclamation and swearing in, but before she assumed office.
Petitioner:
Regina
Ongsiako
Reyes
Respondent:
COMELEC
and
Joseph
Socorro
B.
Tan
Perez,
J.
Summary
Tan
petitioned
for
the
cancellation
of
Reyes’
COC
for
the
position
of
Rep
of
lone
district
of
Marinduque
on
the
basis
of
non-‐fulfillment
of
citizenship
and
residency
requirements.
Comelec
first
division
ruled
to
cancel
and
this
was
affirmed
by
Comelec
en
banc
resolution
on
May
14.
4
days
later,
Reyes
was
proclaimed
winner.
She
took
her
oath
of
office
on
Jun
5
but
she
was
to
assume
office
only
on
June
30.
Meanwhile,
Comelec
issued
a
certificate
of
finality
of
its
May
14
resolution.
Reyes
contends
that
HRET
has
jurisdiction
over
her,
being
a
member
of
the
House,
not
the
Comelec.
SC
said:
(1)
HRET
only
acquires
jurisdiction
when
an
election
contest
has
been
filed
before
it
and
here,
there
was
none;
(2)
one
only
becomes
a
“member
of
the
House”
coming
under
the
jurisdiction
of
the
HRET
when
he/she
has
been
proclaimed,
has
taken
oath
of
office
and
assumed
office.
Here,
Reyes
had
not
yet
assumed
office.
Finally,
even
before
she
was
proclaimed
winner,
Comelec
en
banc
resolution
finally
cancelling
her
COC
had
already
been
promulgated,
so
that
must
be
given
effect.
Facts
• Petition
for
certiorari
with
prayer
for
TRO/injunction
and/or
Status
quo
ante
order
assailing
the
resolutions
of
COMELEC
ordering
the
cancellation
of
her
COC
for
the
position
of
rep
of
lone
district
of
Marinduque
• Socorro
Tan
(Tan)
filed
before
Comelec
petition
to
deny
COC
of
petitioner
on
the
ground
of
material
representations
herein,
to
which
petitioner
Reyes
countered:
(bale
contention
à
counter)
1. She’s
not
single
but
married
to
Cong.
Mandanas
of
Batangas
à
there
was
no
valid
and
binding
marriage
due
to
absence
of
some
formal
requirements,
making
it
void
ab
initio
2. She’s
not
a
resident
of
Marinduque
but
of
Batangas
where
her
husband
also
lives;
and
also
of
QC
à
she’s
not
duty-‐bound
to
live
with
Cong.
Mandanas
and
his
residence
cannot
be
attributed
to
her
3. Her
date
of
birth
is
not
July
3,
1964
but
July
8
1959
or
July
3
1960
à
Certificate
of
live
birth
from
NSO
says
July
3,
1964
4. She’s
actually
a
permanent
resident
of
the
US
à
not
supported
by
evidence
5. She’s
actually
an
American
citizen!
à
not
supported
by
evidence
• During
the
course
of
the
proceedings,
Tan
filed
motion
to
admit
newly
discovered
evidence:
an
article
published
online
written
by
Eliseo
Obligacion
providing
a
database
record
of
the
Bureau
of
Immigration
indicating
that
petitioner
is
a
US
citizen
and
holder
of
a
US
passport;
travel
records
indicating
that
she
used
a
US
passport
in
her
travels
abroad
• Comelec
first
division
à
cancelled
COC:
Reyes
is
not
a
natural
born
citizen
for
failure
to
comply
with
R.A.
9225
(Citizen
Retention
or
Reacquisition
Act
2003)
(1)
to
take
an
oath
of
allegiance
to
the
Republic
of
the
Philippines;
and
(2)
to
make
a
personal
and
sworn
renunciation
of
her
American
citizenship
before
any
public
officer
authorized
to
administer
an
oath.
She
also
did
not
have
the
1
year
residency
requirement
• In
her
MR
Reyes
said
that
her
marriage
to
a
US
citizen
(case
did
not
say
if
it
was
another
man
or
it
was
the
Congressman)
only
resulted
to
dual
citizenship
and
so
she
doesn’t
fall
under
RA
9225.
Still,
she
attached
an
Affidavit
of
Renunciation
of
Foreign
Citizenship.
As
to
residency,
she
said
she
never
lost
her
domicile
of
origin
which
is
Marinduque
• Comelec
en
banc
à
denied
MR
thru
resolution
promulgated
on
MAY
14,
2013.
• Reyes
was
declared
winner
of
the
elections
of
the
May
13
elections
on
MAY
18,2013.
Comelec
en
banc
resolution
became
final
MAY
19,
2013
(5
days
after
promulgation
of
decision
unless
stayed
by
order
from
SC).
On
JUNE
5
2013
Comelec
issued
a
certificate
of
finality
of
their
decision
since
SC
never
issued
order
restraining
it,
which
is
also
the
day
Reyes
took
her
oath
of
office
before
Speaker
Belmonte
• Reyes
has
yet
to
assume
office
because
the
term
officially
starts
at
noon
of
JUNE
30
Issue/s
• Comelec
has
jurisdiction
over
Reyes
who
was
already
proclaimed
and
has
taken
her
oath
of
office
(implying
that
it’s
already
HRET
that
has
jurisdiction)?
YES
• Comelec
committed
GADALEJ
in
receiving
newly
discovered
evidence
(which
became
the
main
basis
for
the
denial
of
her
COC)
without
giving
Reyes
an
opportunity
to
question
them
and
present
controverting
evidence?
NO
Ratio
ON
COMELEC’S
JURISDICTION
(IMPORTANT
ISSUE
ACCORDING
TO
THE
SYLLABUS,
WHICH
DID
NOT
ORIGINALLY
INDICATE
THAT
THIS
CASE
WOULD
BE
RECITED
UPON
BUT
WHICH
THE
DEAN
DECIDED
TO
ADD
ON
THESIS
WEEK
ANYWAY…
Haha
I’m
okay
J )
• SC
says
Reyes
is
being
confusing
by
going
to
this
court
to
assert
that
it
is
another
tribunal
(HRET)
that
has
jurisdiction
over
her
in
a
clear
attempt
only
to
enjoin
the
Comelec
from
implementing
its
final
and
executory
judgment
• But
anyway,
Comelec
retains
jurisdiction
for
the
ff
reasons:
o HRET
does
not
acquire
jurisdiction
over
the
issue
of
petitioner’s
qualifications,
as
well
as
over
the
assailed
COMELEC
Resolutions,
unless
a
petition
is
duly
filed
with
said
tribunal.
Petitioner
has
not
averred
that
she
has
filed
such
action.
o Jurisdiction
of
the
HRET
begins
only
after
the
candidate
is
considered
a
Member
of
the
House
of
Representatives,
(based
on
Sec.
17
and
also
Marcos
v.
Comelec)
• So
when
is
a
candidate
considered
a
member
of
the
House?
o The
has
invariably
held
that
once
a
winning
candidate
has
been
proclaimed,
taken
his
oath,
and
assumed
office
as
a
Member
of
the
House
of
Representatives,
the
COMELEC’s
jurisdiction
over
election
contests
relating
to
his
election,
returns,
and
qualifications
ends,
and
the
HRET’s
own
jurisdiction
begins.
(Vinzons-‐Chato
v.
COMELEC,22
citing
Aggabao
v.
COMELEC23
and
Guerrero
v.
COMELEC;
Limkaichong
v.
COMELEC;
Gonzales
v.
COMELEC)
o So
it
is
clear
that
to
be
considered
a
Member
of
the
House
of
Representatives,
there
must
be
a
concurrence
of
the
following
requisites:
(1)
a
valid
proclamation,
(2)
a
proper
oath,
and
(3)
assumption
of
office.
o SC
clarifies
something:
in
some
cases,
this
Court
has
made
the
pronouncement
that
once
a
proclamation
has
been
made,
COMELEC’s
jurisdiction
is
already
lost
and,
thus,
its
jurisdiction
over
contests
relating
to
elections,
returns,
and
qualifications
ends,
and
the
HRET’s
own
jurisdiction
begins.
However,
it
must
be
noted
that
in
these
cases,
the
doctrinal
pronouncement
was
made
in
the
context
of
a
proclaimed
candidate
who
had
not
only
taken
an
oath
of
office,
but
who
had
also
assumed
office.
(like
in
the
case
of
Dimaporo
v.
COMELEC)
o Here
tho,
he
petitioner
cannot
be
considered
a
Member
of
the
House
of
Representatives
because,
primarily,
she
has
not
yet
assumed
office.
To
repeat
what
has
earlier
been
said,
the
term
of
office
of
a
Member
of
the
House
of
Representatives
begins
only
“at
noon
on
the
thirtieth
day
of
June
next
following
their
election.”28
Thus,
until
such
time,
the
COMELEC
retains
jurisdiction.
o In
an
attempt
to
comply
with
the
second
requirement,
petitioner
attached
a
purported
Oath
Of
Office
taken
before
Hon.
Feliciano
Belmonte
Jr.
on
5
June
2013.
However,
this
is
not
the
oath
of
office
which
confers
membership
to
the
House
of
Representatives.
o Section
6,
Rule
II
(Membership)
of
the
Rules
of
the
House
of
Representatives
provides:
o Section
6.
Oath
or
Affirmation
of
Members.—Members
shall
take
their
oath
or
affirmation
either
collectively
or
individually
before
the
Speaker
in
open
session.
• More
importantly,
even
before
the
proclamation
of
Reyes
on
May
18,
Comelec
en
banc
already
finally
disposed
of
the
issue
of
her
lack
of
citizenship
in
its
May
14
resolution;
and
the
assailed
Resolution
of
the
COMELEC
En
Banc
which
was
promulgated
on
14
May
2013,
became
final
and
executory
on
19
May
2013
based
on
Section
3,
Rule
37
of
the
COMELEC
Rules
• We
will
inexcusably
disregard
this
fact
if
we
accept
the
argument
of
the
petitioner
that
the
COMELEC
was
ousted
of
jurisdiction
when
she
was
proclaimed,
which
was
four
days
after
the
COMELEC
En
Banc
decision.
ON
THE
FINDINGS
OF
HER
INELIGIBILITY
FOR
THE
POSITION
(NON-‐IMPT)
• On
admitting
newly
discovered
evidence
without
confrontation
and
rebuttal—she
was
given
every
opportunity
to
be
heard
during
the
5months
between
the
filing
of
the
petition
in
comelec
first
division
to
the
rendering
of
its
resolution;
in
admin
proceedings
are
not
bound
by
technical
rules
of
evidence
• CITIZENSHIP
o When
Tan
filed
the
petition
for
cancellation
of
COC
he
submitted
BI
records
showing
that
Reyes
has
a
US
passport
and
that
her
status
is
that
of
a
balikbayan.
The
burden
of
proof
then
shifted
to
her
to
prove
she’s
a
natural
born
citizen
or
that
she
reacquired
citizenship
thru
RA
9225—she
submitted
no
proof
other
than
a
bare
allegation
of
citizenship
o She
says
she’s
a
dual
citizen
and
does
not
come
under
RA
9225
but
still
she
attached
an
Affidavit
of
Renunciation
“if
only
to
show
her
desire
and
zeal
to
serve
the
people
and
to
comply
with
rules,
even
as
a
superfluity”—in
doing
so
she
did
admit
that
RA
9225
applies
to
her
o The
footnote
to
her
oath
of
office
as
Provincial
Administrator
in
Marinduque
(she
presented
this
oath
to
prove
her
residency
from
jan18-‐july13,2011
when
she
served
in
this
position)
said
that
even
prior
to
taking
oath
as
provincial
administrator,
she’s
already
taken
an
oath
of
allegiance
to
reacquire
her
citizenship.
This
oath
was
attached
only
to
the
present
petition.
Why
didn’t
she
include
this
in
evidence
at
the
earliest
opportunity,
in
the
proceedings
before
the
comelec?
Was
this
also
then
an
admission
that
she
indeed
lost
her
natural
born
citizenship?
o And
the
oath
also
cannot
be
deemed
sufficient
compliance
as
it
did
not
comply
with
Memo
Circular
AFF
04-‐01
and
05-‐002
and
Admin
Order
91
• RESIDENCY
o We
quote
the
ruling
of
the
Comelec
first
division:
Thus,
a
Filipino
citizen
who
becomes
naturalized
elsewhere
effectively
abandons
his
domicile
of
origin.
Upon
re-‐acquisition
of
Filipino
citizenship
pursuant
to
RA
9225,
he
must
still
show
that
he
chose
to
establish
his
domicile
in
the
Philippines
through
positive
acts,
and
the
period
of
his
residency
shall
be
counted
from
the
time
he
made
it
his
domicile
of
choice.
In
this
case,
there
is
no
showing
whatsoever
that
[petitioner]
had
already
re-‐acquired
her
Filipino
citizenship
pursuant
to
RA
9225
so
as
to
conclude
that
she
has
regained
her
domicile
in
the
Philippines.
There
being
no
proof
that
[petitioner]
had
renounced
her
American
citizenship,
it
follows
that
she
has
not
abandoned
her
domicile
of
choice
in
the
USA.
The
only
proof
presented
by
[petitioner]
to
show
that
she
has
met
the
one-‐year
residency
requirement
of
the
law
and
never
abandoned
her
domicile
of
origin
in
Boac,
Marinduque
is
her
claim
that
she
served
as
Provincial
Administrator
of
the
province
from
January
18,
2011
to
July
13,
2011.
But
such
fact
alone
is
not
sufficient
to
prove
her
one-‐year
residency.
For,
[petitioner]
has
never
regained
her
domicile
in
Marinduque
as
she
remains
to
be
an
American
citizen.
No
amount
of
her
stay
in
the
said
locality
can
substitute
the
fact
that
she
has
not
abandoned
her
domicile
of
choice
in
the
USA
• Comelec
is
given
much
discretion
in
the
evaluation
and
admission
of
evidence
pursuant
to
tis
principal
objective
of
determining
w/n
a
COC
should
be
cancelled.
Mastura
v.
Comelec:
factual
findings
of
administrative
bodies
will
not
be
disturbed
by
courts
of
justice
except
when
there
is
absolutely
no
evidence
or
no
substantial
evidence
in
support
of
such
findings
should
be
applied
with
greater
force
when
it
concerns
the
COMELEC,
as
the
framers
of
the
Constitution
intended
to
place
the
COMELEC
—
created
and
explicitly
made
independent
by
the
Constitution
itself
—
on
a
level
higher
than
statutory
administrative
organs.
• Finally,
in
response
to
Reyes
contention
that
the
Comelec,
in
using
RA
9225,
added
to
the
qualifications
in
the
Consti
for
HR
members:
o The
COMELEC
did
not
impose
additional
qualifications
on
candidates
for
the
House
of
Representatives
who
have
acquired
foreign
citizenship.
It
merely
applied
the
qualifications
prescribed
by
Section
6,
Article
VI
of
the
1987
Constitution
that
the
candidate
must
be
a
natural-‐
born
citizen
of
the
Philippines
and
must
have
one-‐year
residency
prior
to
the
date
of
elections.
Such
being
the
case,
the
COMELEC
did
not
err
when
it
inquired
into
the
compliance
by
petitioner
of
Sections
3
and
5
of
R.A.
No.
9225
to
determine
if
she
reacquired
her
status
as
a
natural-‐born
Filipino
citizen.
It
simply
applied
the
constitutional
provision
and
nothing
more.