Velasco vs. Belmonte, Jr.

Where a candidate's Certificate of Candidacy is cancelled by final and executory resolution of the COMELEC before the date of proclamation, any subsequent proclamation is void and does not confer status as a Member of the House of Representatives; thus, the HRET's exclusive jurisdiction over contests relating to election, returns, and qualifications does not attach, and mandamus lies to compel the Speaker and Secretary-General to administer the oath and register the rightful winner.

Joseph Socorro Tan, a registered voter of Marinduque, filed a petition before the COMELEC to deny due course to or cancel the Certificate of Candidacy of Regina Ongsiako Reyes for the position of Representative of the Lone District of Marinduque in the May 2013 elections. Tan alleged that Reyes made material misrepresentations regarding her citizenship, residency, civil status, and eligibility. The case was docketed as SPA No. 13-053 (DC).

• The Cancellation Proceedings: On October 10, 2012, registered voter Joseph Socorro Tan filed SPA No. 13-053 (DC) before the COMELEC seeking cancellation of Regina Ongsiako Reyes's Certificate of Candidacy for Representative of the Lone District of Marinduque, alleging material misrepresentations regarding her citizenship, residency, civil status, and eligibility. On March 27, 2013, the COMELEC First Division granted the petition and cancelled Reyes's COC. On May 14, 2013, the COMELEC En Banc affirmed the cancellation, which became final and executory on June 5, 2013.
• The Void Proclamation: Despite receipt of the May 14, 2013 resolution by the Provincial Election Supervisor on May 15, 2013, and by Reyes's counsel on May 16, 2013, the Marinduque Provincial Board of Canvassers proclaimed Reyes as the winner on May 18, 2013.
• Assumption of Office by Reyes: On June 7, 2013, Speaker Belmonte administered the oath of office to Reyes. On June 30, 2013, Reyes assumed office and began discharging functions as a Member of the House of Representatives. On July 22, 2013, when the 16th Congress convened, Reyes took her oath in open session.
• Proceedings Before the Supreme Court (G.R. No. 207264): On June 10, 2013, Reyes filed a petition for certiorari before the Supreme Court (G.R. No. 207264) assailing the COMELEC resolutions. On June 25, 2013, the Court dismissed the petition, holding that Reyes could not assert HRET jurisdiction because she was not yet a Member of the House, and defined the three requisites for such status: valid proclamation, proper oath, and assumption of office. The Court denied Reyes's motion for reconsideration on October 22, 2013, and her second motion for reconsideration on December 3, 2013.
• Velasco's Proclamation: On July 9, 2013, the COMELEC En Banc reversed its earlier denial of Velasco's petition in SPC No. 13-010, declared Reyes's proclamation null and void, and proclaimed Velasco as the winning candidate. On July 16, 2013, the newly constituted Provincial Board of Canvassers proclaimed Velasco as duly elected with 48,396 votes.
• HRET Proceedings: On May 31, 2013, Velasco filed an Election Protest Ad Cautelam (HRET Case No. 13-028) and Christopher Matienzo filed a Petition for Quo Warranto Ad Cautelam (HRET Case No. 13-027) against Reyes. On December 14, 2015, the HRET dismissed the twin quo warranto petitions (Case Nos. 13-036 and 13-037) against Reyes for lack of jurisdiction, citing the Supreme Court's ruling in G.R. No. 207264 that Reyes was not a bona fide member for lack of valid proclamation.
• Velasco's Demands: On December 5, 2013 and January 20, 2014, Velasco sent letters to Reyes demanding she vacate the office. On December 10, 2013 and February 4, 2014, Velasco wrote Speaker Belmonte requesting he be allowed to assume the position. On February 6, 2014, Velasco wrote Secretary-General Barua-Yap requesting deletion of Reyes's name from the Roll of Members and registration of his own name. Respondents refused these requests, prompting the instant petition.

• Nature of the Action: Velasco maintained that the petition is for mandamus, not quo warranto, as it seeks enforcement of clear legal duties rather than determination of title to office. He argued that he possesses a well-defined, clear, and certain legal right to the congressional seat based on final and executory resolutions of the COMELEC and the Supreme Court.
• Ministerial Duty: Petitioner argued that pursuant to Codilla, Sr. v. De Venecia, the Speaker has a ministerial duty to administer the oath to the duly elected representative, and the Secretary-General has a ministerial duty to register the representative in the Roll of Members. He contended that these duties became ministerial once the COMELEC proclaimed him as the winning candidate after nullifying Reyes's proclamation.
• Jurisdiction: Velasco asserted that the HRET does not have jurisdiction because Reyes was never validly proclaimed, sworn into office, or assumed office as a bona fide Member of the House, citing the Supreme Court's ruling in G.R. No. 207264.

• Nature of the Action: Reyes countered that the petition is actually for quo warranto disguised as mandamus, seeking to oust her from office and install Velasco in her place. She argued that as a collateral attack on title to public office, it must be dismissed.
• HRET Jurisdiction: Reyes argued that the Supreme Court lacks original jurisdiction over quo warranto cases involving Members of the House. She posited that the HRET has sole and exclusive jurisdiction over contests relating to the election, returns, and qualifications of Members, which jurisdiction vested upon her proclamation on May 18, 2013.
• Second Placer Rule: Reyes maintained that even if her proclamation were nullified, Velasco, as the second placer, cannot be declared the winner because he was not the choice of the electorate.
• Estoppel: Reyes argued that Velasco is estopped from asserting the Supreme Court's jurisdiction because he filed an election protest ad cautelam in the HRET on May 31, 2013.
• Non-Party Status: The Office of the Solicitor General, representing Speaker Belmonte and Secretary-General Barua-Yap, argued that Velasco, the Speaker, and the Secretary-General were not parties to G.R. No. 207264, and thus Velasco cannot enforce that decision against them or claim res judicata applies.

• Nature of the Petition: Whether the petition is for mandamus or quo warranto.
• Ministerial Duty: Whether the Speaker and Secretary-General may be compelled by mandamus to administer the oath to Velasco and register his name in the Roll of Members.
• HRET Jurisdiction: Whether the HRET has jurisdiction over the dispute given that Reyes was proclaimed, took her oath, and assumed office.
• Validity of Proclamation: Whether Reyes's proclamation on May 18, 2013 was valid despite the prior cancellation of her Certificate of Candidacy.

• Nature of the Petition: The petition is for mandamus. The Court found that Velasco sought enforcement of specific legal duties—administration of oath and registration in the Roll of Members—rather than a determination of title to office. The existence of final and executory resolutions cancelling Reyes's COC and proclaiming Velasco rendered the issue of title settled, distinguishing this from quo warranto which requires a trial on the right to office.
• Ministerial Duty: Mandamus lies to compel the performance of ministerial acts. The administration of oath and registration in the Roll of Members are ministerial duties once the rightful winner is determined by final judgment of a constitutional body. The Speaker and Secretary-General had no discretion to refuse Velasco, who was proclaimed by COMELEC after nullification of Reyes's void proclamation.
• HRET Jurisdiction: The HRET's exclusive jurisdiction under Article VI, Section 17 of the Constitution attaches only after a candidate becomes a Member of the House, which requires concurrence of three requisites: (1) valid proclamation, (2) proper oath, and (3) assumption of office. Reyes's proclamation on May 18, 2013 was void ab initio because her COC had been cancelled by final resolution on May 14, 2013. Without a valid COC, she was not a candidate and could not be validly proclaimed; thus, she never achieved membership status and the HRET never acquired jurisdiction.
• Validity of Proclamation: The proclamation of Reyes was without legal basis. The COMELEC's cancellation of her COC on May 14, 2013, affirmed by the Supreme Court in G.R. No. 207264, predated her proclamation. The Provincial Board of Canvassers acted in clear defiance of the COMELEC resolution. Consequently, her oath and assumption of office were likewise baseless and did not cure the defect of the void proclamation.

• Requisites for House Membership: To be considered a Member of the House of Representatives, there must be a concurrence of three requisites: (1) a valid proclamation; (2) a proper oath; and (3) assumption of office. The HRET's jurisdiction as the sole judge of all contests relating to the election, returns, and qualifications of Members attaches only after these requisites are satisfied.
• Void Proclamation: A proclamation made after the cancellation of a candidate's Certificate of Candidacy is void ab initio and confers no legal status as a Member of the House. The subsequent taking of oath and assumption of office cannot validate a void proclamation.
• Mandamus: Mandamus is available to compel the performance of a ministerial duty—an act performed in a prescribed manner in obedience to the mandate of legal authority without regard to the exercise of discretion or judgment. It does not lie to compel discretionary acts.
• Res Judicata: The principle of res judicata binds not only the parties to the judgment but also those who are in privity with them or are bound by the same title. Final judgments of the Supreme Court and COMELEC regarding election results are binding on public officials charged with implementing them.

• "To be considered a Member of the House of Representatives, there must be a concurrence of the following requisites: (1) a valid proclamation, (2) a proper oath, and (3) assumption of office." — Establishing the test for HRET jurisdiction.
• "The most crucial time is when Reyes's COC was cancelled due to her non-eligibility to run as Representative of the Lone District of the Province of Marinduque—for without a valid COC, Reyes could not be treated as a candidate in the election and much less as a duly proclaimed winner." — On the effect of pre-proclamation COC cancellation.
• "The rule of law demands that its Decision be obeyed by all officials of the land. There is no alternative to the rule of law except the reign of chaos and confusion." — On the binding effect of final judgments.
• "The administration of oath and the registration of Velasco in the Roll of Members of the House of Representatives for the Lone District of the Province of Marinduque are no longer a matter of discretion or judgment on the part of Speaker Belmonte, Jr. and Sec. Gen. Barua-Yap." — On the ministerial nature of the duties.

• Codilla, Sr. v. De Venecia, 442 Phil. 135 (2002) — Controlling precedent establishing that the Speaker has a ministerial duty to administer the oath and the Secretary-General to register the rightful winner in the Roll of Members once determined by final judgment of the COMELEC.
• Reyes v. Commission on Elections, G.R. No. 207264, October 22, 2013 — Followed; established that Reyes was not a Member of the House because her proclamation was void, having been made after her COC was cancelled.
• Vinzons-Chato v. COMELEC, Aggabao v. COMELEC, and Guerrero v. COMELEC — Cited for the rule that HRET jurisdiction begins only after proclamation, oath, and assumption of office.
• Marcos v. COMELEC — Cited for the proposition that the HRET does not have jurisdiction over a candidate who is not a member of the House of Representatives.

• Section 17, Article VI, 1987 Constitution — Grants the House of Representatives Electoral Tribunal (HRET) the sole and exclusive jurisdiction over all contests relating to the election, returns, and qualifications of Members of the House of Representatives.
• Rule 65, Section 3, Rules of Court — Governs petitions for mandamus, available when a tribunal, officer, or person unlawfully neglects the performance of a ministerial duty or unlawfully excludes another from the enjoyment of a right.
• Section 13, Rule 18 and Section 3, Rule 37, COMELEC Rules of Procedure — Provide that COMELEC decisions in petitions to cancel certificates of candidacy become final and executory after five days unless restrained by the Supreme Court.

• Maria Lourdes P.A. Sereno (Chief Justice) — joined the concurring opinion of Justice Leonen
• Antonio T. Carpio
• Lucas P. Bersamin
• Martin S. Villarama, Jr. — submitted a concurring opinion
• Jose Portugal Perez — submitted a concurring and dissenting opinion
• Estela M. Perlas-Bernabe
• Marvic M.V.F. Leonen — submitted a separate concurring opinion

• Arturo D. Brion — Submitted a dissenting opinion.