Beruflich Dokumente
Kultur Dokumente
COMELEC
G.R. Number 207264 | 708 SCRA 197 | Oct 22, 2013 | Perez, J.
Petition: Motion for Reconsideration of the en banc resolution
Petitioners: Regina Ongsiako Reyes
Respondents: Commission on Elections and Joseph Socorro Tan
Article IV, Section 4 (admission) supra Art III, Sec 1
FACTS
Petitioner is a duly proclaimed winner and has taken her oath of office
as member of the House of Representatives for the lone
Congressional District of Marinduque
Petitioner raised the issue in the petition which is: Whether or not
Respondent COMELEC is without jurisdiction over Petitioner
However, dates and events indicate that there was no basis for the
proclamation of petitioner on 18 May 2013. Without the proclamation,
the petitioner's oath of office is likewise baseless, and without a
precedent oath of office, there can be no valid and effective
assumption of office.
On June 10, 2013, petitioner went to the Supreme Court questioning
the COMELEC First Division ruling and the May 14, 2013 COMELEC
En Banc decision, baseless proclamation on 18 May 2013 did not by
that fact of promulgation alone become valid and legal.
The June 25, 2013 resolution held that before May 18, 2013, the
COMELEC En Banc had already finally disposed of the issue of
petitioner lack of Filipino citizenship and residency via its resolution
dated May 14, 2013, cancelling petitioner certificate of candidacy.
o The proclamation which petitioner secured on May 18, 2013 was
without any basis.
Petitioner alleges that the COMELEC gravely abused its discretion
when it took cognizance of "newly-discovered evidence" without the
same having been testified on and offered and admitted in evidence.
o She assails the admission of the blog article of Eli Obligacion as
hearsay and the photocopy of the Certification from the Bureau of
Immigration.
o She likewise contends that there was a violation of her right to
due process of law because she was not given the opportunity to
question and present controverting evidence.
ISSUES
1. WON petitioner was denied of due process No
DISPOSITION