G.R. No. 211140 - LORD ALLAN JAY Q. VELASCO, VS. HON. SPEAKER FELICIANO R. BELMONTE, JR., SECRETARY GENERAL MARILYN[1] B. BARUA-YAP AND REGINA ONGSIAKO REYES. D E C I S I O N - Supreme Court E-Library

Ruling

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. But while said motion was pending resolution, the synchronized local and national elections were held on May 13, 2013. The day after, or on May 14, 2013, the COMELEC En Banc affirmed the resolution of the COMELEC First Division, to wit: WHEREFORE , premises considered, the Motion for Reconsideration is hereby DENIED for lack of merit. The March 27, 2013 Resolution of the Commission (First Division) is hereby AFFIRMED . [7] A copy of the foregoing resolution was received by the Provincial Election Supervisor of Marinduque, through Executive Assistant Rossini M. Oscadin, on May 15, 2013. Likewise, Reyes's counsel, Atty. Nelia S. Aureus, received a copy of the same on May 16, 2013. On May 18, 2013, despite its receipt of the May 14, 2013 COMELEC Resolution, the Marinduque Provincial Board of Canvassers (PBOC) proclaimed Reyes as the winner of the May 13, 2013 elections for the position of Representative of the Lone District of Marinduque. On May 31, 2013, Velasco filed an Election Protest Ad Cautelam against Reyes in the House of Representatives Electoral Tribunal (HRET) docketed as HRET Case No. 13-028 , entitled " Lord Allan Jay Q. Velasco v. Regina Ongsiako Reyes. " Also on the same date, a Petition for Quo Warranto Ad Cautelam was also filed against Reyes in the HRET docketed as HRET Case No. 13-027 , entitled "Christopher P. Matienzo v. Regina Ongsiako Reyes. " On June 5, 2013, the COMELEC En Banc issued a Certificate of Finality [8] in SPA No. 13-053 (DC) which provides: NOW, THEREFORE , considering that more than twenty-one (21) days have lapsed since the date of the promulgation with no Order issued by the Supreme Court restraining its execution, the Resolution of the Commission en banc promulgated on May 14, 2013 is hereby declared FINAL and EXECUTORY . [9] On June 7, 2013, Speaker Belmonte, Jr. administered the oath of office to Reyes. On June 10, 2013, Reyes filed before this Court a Petition for Certiorari docketed as G.R. No. 207264 , entitled " Regina Ongsiako Reyes v. Commission on Elections and Joseph Socorro Tan ," assailing ( i ) the May 14, 2013 Resolution of the COMELEC En Banc, which denied her motion for reconsideration of the March 27, 2013 Resolution of the COMELEC First Division cancelling her Certificate of Candidacy (for material misrepresentations made therein); and ( ii ) the June 5, 2013 Certificate of Finality. In the meantime, it appears that Velasco filed a Petition for Certiorari before the COMELEC docketed as SPC No. 13-010 , entitled "Rep. Lord Allan Jay Q. Velasco vs. New Members/Old Members of the Provincial Board of Canvassers (PBOC) of the Lone District of Marinduque and Regina Ongsiako Reyes ," assailing the