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 dutyto 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.”
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