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VELASCO v. BELMONTE
Class Topic/Badge: HRET: JURISDICTION
January 12, 2016 G.R. No. 211140
FULL TEXT: https://lawphil.net/judjuris/juri2016/jan2016/gr_211140_2016.html
PONENTE: LEONARDO-DE CASTRO, J.: TERESITA J. LEONARDO-DE CASTRO Associate
Justice
TERESITA J. LEONARDO-DE
CASTRO Associate Justice
DECISION/FALLO
“WHEREFORE, the Petition for Mandamus is
GRANTED. Public respondent Hon. Feliciano R.
Belmonte, Jr., Speaker, House of Representatives,
shall administer the oath of office of petitioner Lord
Allan Jay Q. Velasco as the duly-elected
Representative of the Lone District of the Province
of Marinduque. And public respondent Hon.
Marilyn B. Barua-Yap, Secretary General, House of
Representatives, shall register the name of
petitioner Lord Allan Jay Q. Velasco in the Roll of
Members of the House of Representatives after he
has taken his oath of office. This Decision shall be
IMMEDIATELY EXECUTORY.
SO ORDERED.”
FACTS (PARTIES)
PETITIONER: LORD ALLAN JAY Q. VELASCO, Petitioner,
RESPONDENT: HON. SPEAKER FELICIANO R. BELMONTE, JR.,
SECRETARY GENERAL MARILYN1 B. BARUA-YAP AND REGINA
ONGSIAKO REYES, Respondents.
COMELEC has cancelled BB’s CoC, acting upon the petition of
AA, for alleged misrepresentations in BB’s CoC. While the motion
for reconsideration field by BB was pending, the election was held
and BB was proclaimed as winner by the Provincial Board of
Canvassers. CC filed an Election Protest in the HRET. COMELEC
issued a Certificate of Finality on its cancellation of BB’s CoC.
Despite it, Speaker DD administered the oath of office to BB. BB
challenged COMELEC’s action and the Supreme Court upheld
that there was no grave abuse of discretion by COMELEC. AA
filed for an immediate execution of COMELEC’s previous
resolution and to declare CC as winner. COMELEC declared the
proclamation of BB as null and void. CC filed a petition for the
Court to issue a writ of mandamus to compel Speaker DD to
proclaim him as winner, despite notice given to him by COMELEC.
Is BB considered a Member of the House of Representative?
BB is is not yet considered a Member of the House of
Representatives. This Court explained that to be considered a
Member of the House of Representatives, there must be a
concurrence of the following requisites: (i) a valid proclamation,
(ii) a proper oath, and (iii) assumption of office.
A valid proclamation is the first essential element before a
candidate can be considered a Member of the House of
Representatives over which the Tribunal could assume jurisdiction.
Such element is obviously absent in the present cases as Regina
BB' proclamation was nullified by the COMELEC, which
nullification was upheld by the Supreme Court. There was no basis
for the proclamation of BB. Without the proclamation, the
petitioner's oath of office is likewise baseless, and without a
precedent oath of office, there can be no valid and effective
assumption of office." (Velasco v. Belmonte, G.R. No. 211140,
January 12, 2016)
Does HRET have the jurisdiction over BB?
NO. The jurisdiction of the HRET begins only after the candidate is
considered a Member of the House of Representatives. BB is not
a bona fide member of the House of Representatives for lack of
a valid proclamation.. When BB took her oath of office before
respondent Speaker DD in open session, BB had NO valid COC
NOR a valid proclamation. In view of the foregoing, BB HAS
ABSOLUTELY NO LEGAL BASIS to serve as a Member of the House
of Representatives, and therefore, she HAS NO LEGAL
PERSONALITY to be recognized as a party-respondent at a
proceeding before the HRET. (Velasco v. Belmonte, G.R. No.
211140, January 12, 2016)
Will the Petition for Mandamus prosper?
Yes. Speaker DD has no discretion whether or not to administer
the oath of office to CC and to register the latter's name in the
Roll of Members of the House of Representatives.
A petition for mandamus will prosper if it is shown that the subject
thereof is a ministerial act or duty, and not purely discretionary on
the part of the board, officer or person, and that the petitioner
has a well-defined, clear and certain right to warrant the grant
thereof. It is beyond cavil that there is in existence final and
executory resolutions of this Court affirming the final and
executory resolutions of the COMELEC cancelling BB's Certificate
of Candidacy. There is likewise a final and executory resolution of
the COMELEC declaring null and void the proclamation of BB,
and proclaiming CC as the winning candidate for the position of
Representative. The foregoing state of affairs collectively lead this
Court to consider the facts as settled and beyond dispute - CC is
the proclaimed winning candidate. (Velasco v. Belmonte, G.R.
No. 211140, January 12, 2016)
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