Section 17 Art Vi Digest Cases

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This special civil action for certiorari
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 assails the Decision dated 18 March 2015
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 and Resolution dated 3 August 2015
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 of the House of Representatives Electoral Tribunal (HRET), in HRET Case No. 13-022, declaring respondent Philip A. Pichay (Pichay) eligible to hold and serve the office of Member of the House of Representatives for the First Legislative District of Surigao del Sur.
ISSUE:
WON the HRET gravely abused its discretion amounting to lack or excess of  jurisdiction when it failed to disqualify Pichay for his conviction for libel, a crime involvingmoral turpitude
FACTS:
Philip Arreza Pichay was convicted by final judgment for four counts of libel.On 9 October 2012, Pichay filed his certificate of candidacy for the position of Member of the House of Representatives for the First Legislative District of Surigao del Sur.Petitioner filed a petition for disqualification under Section 12 of the Omnibus ElectionCode against Pichay before the Commission on Elections on the ground that Pichaywas convicted of libel, a crime involving moral turpitude. She argued that when Pichay paid the fine on 17 February 2011, the five-year periodbarring him to be a candidate had yet to lapse. HRET held that Pichay did not participated the writing of the libelous articles but hisconviction was in line with his duty as the president of the publishing company. Basedon the circumstances, the HRET concluded that Pichay’s conviction for libel did notinvolve moral turpitude.
DECISION:
Granted
RATIO DECIDENDI:
In the present case, Pichay admits his conviction for four countsof libel. the HRET committed grave abuse of discretion amounting to lack of or excessof jurisdiction when it failed to disqualify Pichay for his conviction for libel, a crimeinvolving moral turpitude. Since Pichay’s ineligibility existed on the day he filed hiscertificate of candidacy and he was never a valid candidate for the position of Member of the House of Representatives, the votes cast for him were considered stray votes.
 
In the same manner that this Court is cautioned to be circumspect because one party is the son of a sitting Justice of this Court, so too must we avoid abjuring what ought to be done as dictated by law and justice solely for that reason.Before this Court is a Petition for
Mandamus
filed under Rule 65 of the Rules of Court, as amended, by Lord Allan Jay Q. Velasco (Velasco) against Hon. Feliciano R. Belmonte, Jr. (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 electionsin accordance with final and executory resolutions of the Commission on Elections (COMELEC) and [this] Honorable Court;" 
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 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; andc. 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.
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 Velasco vs. BelmonteG.R. No. 211140. January 12, 2016.LEONARDO-DE CASTRO, J.FACTS:On October 10, 2012, one Joseph Socorro Tan (Tan), a registered voter and resident of theMunicipality of Torrijos, Marinduque, filed with the Commission on Elections (COMELEC) a petition to deny due course or cancel the Certificate of Candidacy (COC)of Reyes as candidate forthe position of Representative of the Lone District of the Province of Marinduque. In hispetition,
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Tan alleged that Reyes made several material misrepresentations in her COCthatshe is a resident of Brgy. Lupac, Boac, Marinduque;that she is a natural-born Filipinocitizen;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 finallythat she is eligible for the office she seeks to be elected to." The case was docketed asSPA 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 COCwas accordingly cancelled.On May 18, 2013, despite its receipt of the May14, 2013 COMELEC Resolution, the Marinduque Provincial Board of Canvassers (PBOC) proclaimed Reyes as the winner of the May 13, 2013elections for the position of Representative of the Lone District of Marinduque.Subsequently, the May 18, 2013 proclamation of respondent REGINA ONGSIAKO REYES is declaredNULL and VOID and without any legal force and effect.Petitioner LORD ALLAN JAY Q. VELASCO is hereby proclaimed the winning candidate for the position of representative in the House of Representatives for the province of Marinduque.Velasco alleges that despite all the letters and requests to Speaker Belmonte, Jr. and Sec. Gen.Barua-Yap,they refused to recognize him as the duly elected Representative of the Lone District of Marinduque. Likewise, in the face of numerous written demands for Reyes to vacate the positionand office of the Representative of the Lone District of Marinduque, she continues to dischargethe duties of said position. Hence, the instant Petition for Mandamus with prayer for issuance of a temporary restrainingorder and/or injunction.ISSUE:Whether or not a writ of mandamus can be issued to compel Speaker Belmonte to recognize Velasco as the duly elected Representative of the Lone District of Marinduque.RULING:
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Yes, the petition has merit. The difference between a ministerial and discretionary act has longbeen established. A purely ministerial act or duty is one which an officer or tribunal performs in a
ISSUE:
Does HRET have the jurisdiction over BB.
FACTS:
COMELEC has cancelled Reyes CoC, acting upon the petition of JosephSocorro Tan, for alleged misrepresentations in Reyes CoC. While the motion for reconsideration field by Reyes was pending, the election was held and Reyes wasproclaimed as winner by the Provincial Board of Canvassers. Allan Velasco filed anElection Protest in the HRET. COMELEC issued a Certificate of Finality on itscancellation of Reyes CoC. Despite it, Speaker Belmonte administered the oath of officeto Reyes. Reyes challenged COMELEC’s action and the Supreme Court upheld thatthere was no grave abuse of discretion by COMELEC. Joseph Socorro Tan filed for animmediate execution of COMELEC’s previous resolution and to declare Allan Velascoas winner. COMELEC declared the proclamation of Reyes as null and void. AllanVelasco filed a petition for the Court to issue a writ of mandamus to compel Speaker Belmonte to proclaim him as winner, despite notice given to him by COMELEC.
DECISION:
Granted
RATIO DECIDENDI:
NO. The jurisdiction of the HRET begins only after the candidateis considered a Member of the House of Representatives. Reyes is not a bona fidemember of the House of Representatives for lack of a valid proclamation. When Reyestook her oath of office before respondent Speaker Belmonte in open session, Reyeshad no valid COC NOR a valid proclamation. In view of the foregoing, Reyes hasabsolutely no legal basis to serve as a Member of the House of Representatives, andtherefore, she has no legal personality to be recognized as a party-respondent at aproceeding before the HRET.
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