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| Supreme Court en banc |
By Rey G. Panaligan
Reposted from: Manila Bulletin
The Supreme Court (SC) dismissed yesterday the petition of Regina Ongsiako Reyes who challenged her disqualification by the Commission on Elections (Comelec) as a candidate for the lone congressional district in Marinduque in the last May 13 elections.
In yesterday’s full court session, seven justices voted to dismiss Reyes’s petition, four dissented, three inhibited themselves, and one was on official leave.
In its decision, the Comelec en banc – affirming the ruling of its first division – declared that Reyes is an American citizen and is not qualified to run for an elective post.
The Comelec also ruled that Reyes lacked the required one-year residency in Marinduque.
With the SC ruling affirming the decision of the Comelec en banc, it is expected that the proclamation of Reyes as congresswoman-elect for Marinduque will be nullified.
With the nullification of Reyes’ proclamation, the Comelec is expected to proclaim incumbent Congressman Lord Allan Velasco as the winner in the May 13 election in Marinduque’s lone congressional district.
Under the law, the Comelec retains jurisdiction over petitions involving candidates who were proclaimed winners as members of the House of Representatives until their assumption into office on June 30.
The jurisdiction of the House of Representatives Electoral Tribunal (HRET) commences at noon of June 30, the start of the term of office of the members of the House of Representatives.
Led by Justice Jose Portugal Perez, the six other justices who voted to dismiss Reyes’ petition were Chief Justice Maria Lourdes P. A. Sereno, and Justices Teresita J. Leonardo-de Castro, Mariano C. del Castillo, Lucas P. Bersamin, Roberto A. Abad, and Bienvenido L. Reyes.
The dissenters were Senior Justice Antonio T. Carpio and Justices Arturo D. Brion, Marvic Mario Victor F. Leonen and Martin S. Villarama Jr.
Justices Jose Catral Mendoza, Estela M. Perlas-Bernabe and Presbitero J. Velasco Jr. inhibited themselves. Rep. Velasco is the son of Justice Velasco. Justice Diosdado M. Peralta is on official leave.
Reyes is the daughter of Marinduque Gov. Carmencita Reyes and the sister of former congressman Edmundo Reyes Jr.
On March 27, 2013, the Comelec’s first division cancelled Reyes’ certificate of candidacy (COC) for being an American citizen and for lack of the one-year residency for candidates to an elective office.
It said that “a Filipino citizen who becomes naturalized elsewhere effectively abandons his domicile of origin.”
In the case of Reyes, the poll body said that “there is no showing whatsoever that respondent (Reyes) had already re-acquired her Filipino citizenship… so as to conclude that she has regained her domicile in the Philippines, and there being no proof that respondent had renounced her American citizenship, it follows that she has not abandoned her domicile of choice in the United States of America.”
The Comelec ruled that Reyes is an American citizen as evidenced by her use of a United States passport No. 306278853 in her travels to the US since October 14, 2005 up to June 30 2012.
It also said that Reyes was admitted to the California State Bar in 1995, maintained a US address, married an American citizen but the marriage was subsequently dissolved, and acquired properties and established businesses in the US.
According to the Comelec, Reyes may re-acquire her Filipino citizenship and become eligible for public service if she would “take the oath of allegiance to the Republic of the Philippines before the consul-general of the Philippine Consulate in the US and make a personal and sworn renunciation of her American citizenship before any public officer authorized to administer an oath.”
But the Comelec said that “in the instant case, there is no showing that respondent (Reyes) complied with the requirements” for the re-acquisition of Filipino citizenship.
“This the respondent utterly failed to do, leading to the conclusion inevitable that respondent falsely misrepresented in her certificate of candidacy (COC) that she is a natural born Filipino citizen,” it said.
“Unless and until she can establish that she had availed of the privileges of RA 9225 by becoming a dual Filipino-American citizen, and thereafter, made a valid sworn renunciation of her American citizenship, she remains to be an American citizen and is, therefore, ineligible to run for and hold any elective public office in the Philippines,” the Comelec ruled.
In yesterday’s full court session, seven justices voted to dismiss Reyes’s petition, four dissented, three inhibited themselves, and one was on official leave.
In its decision, the Comelec en banc – affirming the ruling of its first division – declared that Reyes is an American citizen and is not qualified to run for an elective post.
The Comelec also ruled that Reyes lacked the required one-year residency in Marinduque.
With the SC ruling affirming the decision of the Comelec en banc, it is expected that the proclamation of Reyes as congresswoman-elect for Marinduque will be nullified.
With the nullification of Reyes’ proclamation, the Comelec is expected to proclaim incumbent Congressman Lord Allan Velasco as the winner in the May 13 election in Marinduque’s lone congressional district.
Under the law, the Comelec retains jurisdiction over petitions involving candidates who were proclaimed winners as members of the House of Representatives until their assumption into office on June 30.
The jurisdiction of the House of Representatives Electoral Tribunal (HRET) commences at noon of June 30, the start of the term of office of the members of the House of Representatives.
Led by Justice Jose Portugal Perez, the six other justices who voted to dismiss Reyes’ petition were Chief Justice Maria Lourdes P. A. Sereno, and Justices Teresita J. Leonardo-de Castro, Mariano C. del Castillo, Lucas P. Bersamin, Roberto A. Abad, and Bienvenido L. Reyes.
The dissenters were Senior Justice Antonio T. Carpio and Justices Arturo D. Brion, Marvic Mario Victor F. Leonen and Martin S. Villarama Jr.
Justices Jose Catral Mendoza, Estela M. Perlas-Bernabe and Presbitero J. Velasco Jr. inhibited themselves. Rep. Velasco is the son of Justice Velasco. Justice Diosdado M. Peralta is on official leave.
Reyes is the daughter of Marinduque Gov. Carmencita Reyes and the sister of former congressman Edmundo Reyes Jr.
On March 27, 2013, the Comelec’s first division cancelled Reyes’ certificate of candidacy (COC) for being an American citizen and for lack of the one-year residency for candidates to an elective office.
It said that “a Filipino citizen who becomes naturalized elsewhere effectively abandons his domicile of origin.”
In the case of Reyes, the poll body said that “there is no showing whatsoever that respondent (Reyes) had already re-acquired her Filipino citizenship… so as to conclude that she has regained her domicile in the Philippines, and there being no proof that respondent had renounced her American citizenship, it follows that she has not abandoned her domicile of choice in the United States of America.”
The Comelec ruled that Reyes is an American citizen as evidenced by her use of a United States passport No. 306278853 in her travels to the US since October 14, 2005 up to June 30 2012.
It also said that Reyes was admitted to the California State Bar in 1995, maintained a US address, married an American citizen but the marriage was subsequently dissolved, and acquired properties and established businesses in the US.
According to the Comelec, Reyes may re-acquire her Filipino citizenship and become eligible for public service if she would “take the oath of allegiance to the Republic of the Philippines before the consul-general of the Philippine Consulate in the US and make a personal and sworn renunciation of her American citizenship before any public officer authorized to administer an oath.”
But the Comelec said that “in the instant case, there is no showing that respondent (Reyes) complied with the requirements” for the re-acquisition of Filipino citizenship.
“This the respondent utterly failed to do, leading to the conclusion inevitable that respondent falsely misrepresented in her certificate of candidacy (COC) that she is a natural born Filipino citizen,” it said.
“Unless and until she can establish that she had availed of the privileges of RA 9225 by becoming a dual Filipino-American citizen, and thereafter, made a valid sworn renunciation of her American citizenship, she remains to be an American citizen and is, therefore, ineligible to run for and hold any elective public office in the Philippines,” the Comelec ruled.
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