(Speaker Belmonte, Jr.),
House of Representatives, Hon. Marilyn B. Barua-Yap
(Sec. Gen. Barua-Yap ),
House of Representatives, and Hon. Regina
Ongsiako Reyes (Reyes),
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;"
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.
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
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,
that she is a resident of Brgy. Lupac, Boac,
that she is a natural-born Filipino citizen;
that she is not a permanent
resident of, or an immigrant to, a foreign country;
that her date of birth is July 3, 1964;
(v) that her civil status is single; and finally
that she is eligible for the office she seeks
to be elected to."
The case was docketed as SPA No. 13-053 (DC)
Socorro B. Tan
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.
Aggrieved, Reyes filed a motion for reconsideration thereto.