Reyes v. Commission on Elections
REITERATIONFacts
The Antecedents: Regina Ongsiako Reyes (Petitioner) filed her Certificate of Candidacy (CoC) for the position of Representative of the lone district of Marinduque for the May 2013 elections. Joseph Socorro B. Tan (Respondent) filed a petition to cancel her CoC under Section 78 of the Omnibus Election Code (OEC), alleging that Reyes was a United States (US) citizen and lacked the one-year residency requirement. Evidence was presented showing Reyes used a US passport as late as June 30, 2012, and was classified as a 'balikbayan' by the Bureau of Immigration (BI). Procedural History: On March 27, 2013, the Commission on Elections (COMELEC) First Division cancelled Reyes' CoC. Reyes filed a Motion for Reconsideration, which the COMELEC En Banc denied on May 14, 2013. Despite this resolution, the Provincial Board of Canvassers (PBOC) proclaimed Reyes as the winner on May 18, 2013. Reyes subsequently took her oath of office before the Speaker of the House on June 5, 2013. The Supreme Court (SC) dismissed her initial Petition for Certiorari on June 25, 2013, prompting the present Motion for Reconsideration. The Petition: In her Motion for Reconsideration, Reyes argued that the COMELEC was divested of jurisdiction the moment she was proclaimed, as the House of Representatives Electoral Tribunal (HRET) became the sole judge of her qualifications. She further contended that her right to due process was violated when the COMELEC admitted 'newly-discovered' hearsay evidence (a blog post and a photocopy of BI records) regarding her citizenship without giving her an opportunity to controvert them.
Issue(s)
Whether the COMELEC was divested of jurisdiction in favor of the HRET upon Reyes' proclamation on May 18, 2013. Whether the COMELEC committed grave abuse of discretion in cancelling Reyes' CoC based on her failure to prove re-acquisition of Filipino citizenship under Republic Act No. (RA) 9225.
Ruling
The Motion for Reconsideration is DENIED. The dismissal of the petition is affirmed.
Ratio Decidendi
On Issue 1: The Court ruled that the COMELEC was not divested of jurisdiction because Reyes' proclamation was 'baseless.' For the House of Representatives Electoral Tribunal (HRET) to acquire exclusive jurisdiction, the candidate must be a 'Member' of the House, which requires a valid proclamation, a proper oath, and assumption of office. In this case, the Commission on Elections (COMELEC) En Banc had already cancelled Reyes' Certificate of Candidacy (CoC) on May 14, 2013, four days before the proclamation. Under Rule 18, Section 13(b) of the COMELEC Rules, that decision became final and executory after five days because Reyes failed to obtain a restraining order from the Supreme Court. A proclamation made in total disregard of a final COMELEC decision is void and cannot oust the COMELEC of its jurisdiction to determine candidate eligibility. Therefore, since the prerequisite of a 'valid' proclamation was missing, Reyes never legally became a 'Member' of the House, and jurisdiction remained with the COMELEC. On Issue 2: The Court found no grave abuse of discretion in the Commission on Elections' (COMELEC) evidentiary findings. Administrative bodies like the COMELEC are not bound by technical rules of procedure and evidence; they only require substantial evidence and the observance of procedural due process, which means the right to be heard. Reyes was given five months to adduce evidence but failed to prove she was a natural-born Filipino or that she complied with Republic Act No. (RA) 9225. Once the respondent presented Bureau of Immigration (BI) records showing her use of a United States (US) passport, the burden of proof shifted to Reyes to show she had taken the oath of allegiance and executed a sworn renunciation of foreign citizenship. Her argument that her oath as Provincial Administrator sufficed was rejected because RA 9225 requires specific acts that cannot be substituted by a general oath of office. The Court emphasized that Reyes' admission of holding a US passport and her belated submission of an Affidavit of Renunciation confirmed that RA 9225 applied to her, yet she failed to meet its requirements at the time of filing her Certificate of Candidacy (CoC).
Main Doctrine
The jurisdiction of the House of Representatives Electoral Tribunal (HRET) as the 'sole judge' of all contests relating to the election, returns, and qualifications of its members is contingent upon the candidate becoming a 'Member' of the House. This status is achieved only through the concurrence of a valid proclamation, a proper oath, and the assumption of office. A proclamation issued in the face of a final and executory Commission on Elections (COMELEC) resolution cancelling a candidate's Certificate of Candidacy (CoC) is baseless and cannot serve as the foundation for HRET jurisdiction. Consequently, the COMELEC retains the authority to enforce its decisions regarding the eligibility of candidates until the point of valid membership is reached.