Reyes v.

COMELEC date of oath-taking Respondent Tan filed before the Comelec a petition to cancel the CoC
of petitioner on the ground that it contained material misrepresentation. Among other things there would also
be a need for authorization. stated in the CoC that she was a resident of Brgy. Lupac, Marinduque when
she is a resident of Batangas which is the residence of her husband and at the same time also a
resident of Quezon City. Assailing resolution of Comelec ordering the cancellation of the Certificate of
Candidacy of petitioner for the position of representative of the district of Marinduque. Additionally,
she also claim she is a Filipino but of American descent. Eventually, the said transgressions were
countenanced and declared to be valid by the first courts. Petitioner ask the court to reconsider, which is after
he was exonerated from crime, he won the elections. Petitioner also took her oath of office.

In her Answer, Reyes averred that while she is publicly known to be the wife of Rep.
Hermilando Mandanas of Bauan, Batangas, the truth of the matter is that they are not legally
married; thus, Mandanas residence cannot be attributed to her. She also countered that the
evidence presented by Tan does not support the allegation that she is a permanent resident or
a citizen of the United States. With respect to her birth date, her birth certificate issued by the
NSO showed that it was on July 3, 1964. At any rate, Reyes contended that the representations as to
her civil status and date of birth are not material so as to warrant the cancellation of her CoC.

Petitioner's claim that Comelec has no jurisdiction is without merit. Only after a candidate has
become a member of the HoR can the HRET have jurisdiction. Petitioner cannot be considered
a Member of the House of Representatives because she has not yet assumed office. The
constitution provides that a person assumes office at noon on the 30th day of June. The
Oath of Office the petitioner presented is not the document that Section 6 Rule 2 of the Rules of HoR
provides. Even if, a valid official oath-taking must be before the Speaker of the HoR and in open
session.