G.R. No. 211140 - Velasco vs. Belmonte, Jr.

May 13, 2013 elections: Lord Allan Jay Q. Velasco (Velasco) and Regina Ongsiako Reyes (Reyes) ran for Representative, Lone District of Marinduque.
Initial canvass: Reyes received more votes and was proclaimed by the Provincial Board of Canvassers (PBOC) on May 18, 2013.

October 10, 2012 – Joseph Socorro Tan filed SPA No. 13-053 before the COMELEC First Division to cancel Reyes’s Certificate of Candidacy (CoC) for material misrepresentations (citizenship, residency, birthdate, etc.).
March 27, 2013 – COMELEC First Division granted Tan’s petition and cancelled Reyes’s CoC.
May 14, 2013 – COMELEC en banc affirmed the cancellation; the ruling became final and executory on May 19, 2013 (no Supreme Court restraining order sought).

May 15 & 16, 2013 – COMELEC designee and Reyes’s counsel received copy of the en banc resolution cancelling her CoC.
May 18, 2013 – Despite that, Marinduque PBOC proclaimed Reyes as winner.

May 31, 2013 – Velasco filed an Election Protest Ad Cautelam (HRET No. 13-028); Christopher Matienzo filed a Quo Warranto Ad Cautelam (HRET No. 13-027) before the House of Representatives Electoral Tribunal (HRET).
June 5, 2013 – COMELEC en banc issued a Certificate of Finality for SPA No. 13-053, declaring its May 14 ruling “final and executory.”

June 7, 2013 – Speaker Belmonte administered the oath to Reyes.
June 10, 2013 – Reyes filed certiorari (G.R. No. 207264) contesting COMELEC’s May 14 ruling and the Certificate of Finality.
June 30, 2013 – Reyes assumed office at noon and began congressional duties.

July 9, 2013 – On reconsideration in SPC No. 13-010, COMELEC en banc declared Reyes’s proclamation null and void and proclaimed Velasco as the duly elected Representative.
July 10, 2013 – COMELEC granted enforcement of SPA No. 13-053, reconstituted the PBOC, and directed it to proclaim Velasco.
July 16, 2013 – Newly constituted PBOC proclaimed Velasco with 48,396 votes.

October 22, 2013 – Supreme Court dismissed Reyes’s certiorari petition (G.R. No. 207264) for lack of merit; affirmed COMELEC’s cancellation of her CoC.
December 14, 2015 – HRET dismissed all remaining quo warranto petitions against Reyes for lack of jurisdiction, citing finality of the Supreme Court’s ruling in G.R. No. 207264.

Does Velasco have a well-defined, clear legal right to the Marinduque congressional seat by virtue of final and executory COMELEC and Supreme Court rulings?
May Speaker Belmonte be compelled by mandamus to administer the oath to Velasco and allow him to assume office?
May Secretary General Barua-Yap be compelled by mandamus to remove Reyes’s name and register Velasco’s name in the Roll of Members?
May a temporary restraining order and a writ of permanent injunction issue to enjoin Reyes from exercising the office and to order her removal?