Title
Reyes vs. Commission on Elections
Case
G.R. No. 207264
Decision Date
Jun 25, 2013
Reyes challenged COMELEC's cancellation of her COC for misrepresenting citizenship, residency, and marital status; SC upheld COMELEC's jurisdiction and ruling.

Case Summary (G.R. No. 190582)

Petitioner

Regina Ongsiako Reyes – candidate for Representative, lone district of Marinduque; publicly known spouse of Congressman Hermilando I. Mandanas.

Respondents

  1. Commission on Elections (COMELEC) – adjudicating body that denied due course to and cancelled Reyes’s COC.
  2. Joseph Socorro B. Tan – registered voter of Torrijos, Marinduque; moved for cancellation of Reyes’s COC.

Key Dates

• 31 October 2012: Tan files petition to deny due course or cancel Reyes’s COC.
• 8 February 2013: Tan submits “newly discovered evidence” (blog article, immigration records).
• 27 March 2013: COMELEC First Division Resolu­tion cancels Reyes’s COC.
• 8 April 2013: Reyes files motion for reconsideration, submits affidavit of renunciation.
• 14 May 2013: COMELEC En Banc denies reconsideration, rendering resolution final.
• 18 May 2013: Reyes proclaimed winner in May 2013 elections.
• 5 June 2013: COMELEC issues Certificate of Finality.
• 7 June 2013: Reyes files petition for certiorari with this Court.

Applicable Law

• 1987 Philippine Constitution, Article VI, Section 6 (qualifications of House members) and Section 17 (HRET jurisdiction)
• Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003)
• COMELEC Rules of Procedure, Rule I (liberal construction), Rule 37 (finality of decisions)
• Rules of Court, Rule 64 (certiorari), Rule 65 (grave abuse of discretion)

Facts of the Candidacy Challenge

Tan alleged Reyes’s COC contained five material misrepresentations:

  1. Civil status – filed as single despite marriage to Congressman Mandanas.
  2. Residency – claimed domicile in Boac, Marinduque versus known residence in Bauan, Batangas and Quezon City.
  3. Date of birth – stated 3 July 1964 versus records showing 8 July 1959 or 3 July 1960.
  4. Foreign residency – denied permanent residency abroad despite alleged U.S. immigrant status.
  5. Citizenship – claimed Filipino citizenship though allegedly holding U.S. citizenship.

Answers and Preliminary Contentions

Reyes maintained that her marriage to Congressman Mandanas was void ab initio for lack of formal requirements under the Family Code, negating spousal residency attribution; her NSO birth certificate confirmed a 3 July 1964 birth date; and no evidence proved her permanent U.S. residency or U.S. citizenship.

Additional Evidence Presented

Tan’s manifestation (8 February 2013) included:

  • An Internet article with a Bureau of Immigration database extract identifying Reyes as U.S. passport holder.
  • A photocopied Certification of Travel Records showing Reyes’s use of U.S. Passport No. 306278853 on overseas trips.

COMELEC First Division Resolution

On 27 March 2013, the First Division granted Tan’s petition and cancelled Reyes’s COC for:

  • Failure to comply with RA 9225 (no Oath of Allegiance or sworn foreign‐citizenship renunciation).
  • Lack of one‐year residency in Marinduque (as required by Article VI, Section 6, 1987 Constitution).
    Findings on civil status and birth date misrepresentations were deemed non‐material, but failure to prove Filipino citizenship and residency rendered her ineligible.

Motion for Reconsideration

Reyes argued she remained a natural‐born Filipino citizen and never lost domicile, citing dual citizenship by marriage and attaching an Affidavit of Renunciation of Foreign Citizenship (24 September 2012). She contended RA 9225 twin requirements were inapplicable to true natural‐born citizens.

COMELEC En Banc Resolution

On 14 May 2013 the En Banc denied reconsideration, reaffirming cancellation:

  • Reyes had not shown valid compliance with RA 9225’s oath and renunciation formalities.
  • Her service as Provincial Administrator was insufficient proof of continuous one‐year residency.
    The resolution became final and executory five days after promulgation (Section 37, COMELEC Rules).

Proclamation and Oath of Office

Despite the final COMELEC resolution, Reyes was proclaimed on 18 May 2013 and took an oath of office on 5 June 2013 before the House Speaker; however, the term and valid oath must occur on or after 30 June per House Rules (Rule II, Section 6).

Petition for Certiorari

Reyes sought certiorari before this Court, invoking:

  1. Jurisdiction – COMELEC allegedly ousted by her proclamation and oath, jurisdiction transferring to the HRET.
  2. Due process – COMELEC admitted untested hearsay and unauthenticated photocopies without allowing challenge.
  3. Grave abuse of discretion – erroneous declaration of non‐citizenship and residency failure.
  4. Constitutionality – COMELEC enforcement of RA 9225 amounted to adding qualifications beyond the Constitution’s enumeration.

Issue of Jurisdiction

This Court held that until valid oath in open session and formal assumption of office on 30 June, COMELEC retained jurisdiction. HRET jurisdiction arises only after a Member’s proclamation, proper oath before the Speaker in open session, and assumption of office.

Admission of Evidence and Due Process

Given the summary nature of COC cancellation proceedings, COMELEC liberally admitted the blog article and immigration certification;

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