Speaker belmonte jr speaker house of representatives

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(Speaker Belmonte, Jr.), Speaker, House of Representatives, Hon. Marilyn B. Barua-Yap (Sec. Gen. Barua-Yap ), Secretary General, House of Representatives, and Hon. Regina Ongsiako Reyes (Reyes), Representative, Lone District of the Province of Marinduque . Velasco principally alleges that he is the "legal and rightful winner during the May 13, 2013 elections in accordance with final and executory resolutions of the Commission on Elections (COMELEC) and [this] Honorable Court;" 2 thus, he seeks the following reliefs: a. that a WRIT OF MANDAMUS against the HON. SPEAKER FELICIANO BELMONTE, JR. be issued ordering said respondent to administer the proper OATH in favor of petitioner Lord Allan Jay Q. Velasco for the position of Representative for the Lone District of Marinduque; -and allow petitioner to assume the position of representative for Marinduque and exercise the powers and prerogatives of said position of Marinduque representative; b. that a WRIT OF MANDAMUS against SECRETARY-GENERAL [MARILYN] BARUA-YAP be issued ordering said respondent to REMOVE the name of Regina 0. Reyes in the Roll of Members of the House of Representatives and to REGISTER the name of petitioner Lord Allan Jay Q. Velasco, herein petitioner, in her stead; and c. that a TEMPORARY RESTRAINING ORDER be issued to RESTRAIN, PREVENT and PROHIBIT respondent REGINA ONGSIAKO REYES from usurping the position of Member of the House of Representatives for the Lone District of Marinduque and from further exercising the prerogatives of said position and performing the duties pertaining thereto, and DIRECTING her to IMMEDIATELY VACATE said position. 3 The pertinent facts leading to the filing of the present petition are: On October 10, 2012, one Joseph Socorro Tan (Tan), a registered voter and resident of the Municipality of Torrijos, Marinduque, filed with the Commission on Elections (COMELEC) a petition 4 to deny due course or cancel the Certificate of Candidacy (COC) of Reyes as candidate for the position of Representative of the Lone District of the Province of Marinduque. In his petition, Tan alleged that Reyes made several material misrepresentations in her COC, i.e., "(i) that she is a resident of Brgy. Lupac, Boac, Marinduque; (ii) that she is a natural-born Filipino citizen; (iii) that she is not a permanent resident of, or an immigrant to, a foreign country; (iv) that her date of birth is July 3, 1964; (v) that her civil status is single; and finally (vi) that she is eligible for the office she seeks to be elected to." 5 The case was docketed as SPA No. 13-053 (DC) , entitled "Joseph Socorro B. Tan v. Atty. Regina Ongsiako Reyes." On March 27, 2013, the COMELEC First Division resolved to grant the petition; hence, Reyes's COC was accordingly cancelled. The dispositive part of said resolution reads: WHEREFORE, in view of the foregoing, the instant Petition is GRANTED. Accordingly, the Certificate of Candidacy of respondent REGINA ONGSIAKO REYES is hereby CANCELLED. 6 Aggrieved, Reyes filed a motion for reconsideration thereto.

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