[17] VELASCO v. BELMONTE JR. - House speaker, R (Belmonte Jr.
), administered the oath of office to Reyes and
G.R. No. 211140 | Jan 12, 2016 | Leonardo-De Castro, J.
Jessamine Rasul |
PETITIONERS/PROSECUTORS: LORD ALLAN JAY VELASCO
RESPONDENTS/DEFENDANTS: HON. PEAKER FELICIANO R. BELMONTE, JR.,
SECRETARY GENERAL MARILYN1 B. BARUA-YAP AND REGINA ONGSIAKO REYES,
TOPIC: Legislature; ministerial and discretionary duties;
CASE SUMMARY:
DOCTRINE: The act of administering the oath of a proclaimed rightful winner of
an election by the COMELEC, a decision which has become final and executory, is
not discretionary on the part of the House Speaker, but ministerial.
FACTS:
Socorro Tan, a registered voter and resident of Marinduque, filed with the
COMELEC a petition to deny due course or cancel the CoC (Certificate of
Candidacy) of Regina Reyes as a candidate, due to several material
misrepresentations in it.1
COMELEC (FIRST DIVISION): GRANTED THE PETITION
- Reyes’ CoC was CANCELLED because she lacked the Filipino citizenship and
residency requirements.
*Reyes filed a MR.
- But pending resolution, the national and local elections were held on May 1, 2013.
- So, the COMELEC First Division’s decision was AFFIRMED by the COMELEC EN
BANC, and Reyes’ MR was denied with finality.
Still, the Marinduque Provincial Board of Canvassers (PBOC) proclaimed Reyes
as the winner of the May 13, 2013 elections for the position of Representative of
the Lone District of Marinduque by way of a resolution.
1 respondent Locsin; on Motion for Reconsideration the COMELEC en banc set aside the order of its Second Division and
"(i) that she is a resident of Brgy. Lupac, Boac, Marinduque; (ii) that she is a natural-born Filipino citizen; (iii) that she
is not a permanent resident of, or an immigrant to, a foreign country; (iv) that her date of birth is July 3, 1964; (v) that her
civil status is single; and finally (vi) that she is eligible for the office she seeks to be elected to.
2
“The facts are settled and beyond dispute: petitioner garnered 71,350 votes as against respondent Locsin who only got
53,447 votes in the May 14, 2001 elections. The COMELEC Second Division initially ordered the proclamation of
added his name to the rolls in such position.
In the HRET (HoR Electoral Tribunal) Velasco in an ELECTION PROTEST AND QUO
WARRANTO PETITION against Reyes (which was denied) and later a petition for
certiorari in the SC, assailed the proceedings of the Marinduque Provincial Board
of Canvassers (PBOC) and the proclamation of Reyes as null and void.
• He asked for Reyes’ name to be deleted from the rolls and vacate the position
in his favor.
HRET: IN FAVOR OF VELASCO2
- NOTE: This decision became final and executory!
However, Reyes assumed office and started discharging the functions of a
Member of the HoR.
Velasco filed a petition for MANDAMUS in the SC.
Velasco’s main arguments:
• He contends that he "has a well-defined and clear legal right and basis to warrant
the grant of the writ of mandamus” due to the COMELEC’s decision nullifying
Reyes’ proclamation becoming final and executory.
• and that it is the ministerial duty of R HoR Speaker Belmonte, Jr. "to administer
the oath to [him] and to allow him to assume and exercise the prerogatives of the
congressional seat for Marinduque representative;
Reyes’ arguments:
• Pet. should be dismissed for lack of jurisdiction on the part of COMELEC, for it is
the House of Representatives Electoral Tribunal that has the sole and exclusive
jurisdiction over all contests relating to the election, returns and qualifications
of Members of the House of Representatives;
• Thus, no clear legal right on the part of Velasco;
ISSUES/HELD:
ordered the proclamation of the petitioner. The Decision of the COMELEC en banc has not been challenged before this
Court by respondent Locsin and said Decision has become final and executory.”
(1) W/N HoR Speaker Belmonte Jr. (R) may be compelled by way of a writ of Representative of the Lone District of the Province of Marinduque. And public
mandamus to administer the oath in favor of P? (YES) respondent Hon. Marilyn B. Barua-Yap, Secretary General, House of
Representatives, shall register the name of petitioner Lord Allan Jay Q. Velasco in
The Court ruled that: the Roll of Members of the House of Representatives after he has taken his oath
• On the basis of the final and executory decisions of the COMELEC and SC, the of office. This Decision shall be IMMEDIATELY EXECUTORY.
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 (R) Belmonte, Jr.
• They are legally duty-bound to recognize Velasco as the duly elected Member
of the House of Representatives for the Lone District of Marinduque.
• This is because Reyes’ CoC were CANCELLED and Velasco was declared the
winner by the COMELEC.
• Thus, the petition for mandamus lies in favor of Velasco.

NOTE:
Distinction between a ministerial and discretionary act:
• Ministerial: One which an officer or tribunal performs in a given state of facts,
in a prescribed manner, in obedience to the mandate of legal authority, without
regard to or the exercise of his own judgment upon the propriety or
impropriety of the act done.
• Discretionary: One where the law imposes a duty upon a public officer and
gives him the right to decide how or when the duty shall be performed.
(2) W/N the HRET has jurisdiction over Reyes? (NO)
Reyes cannot assert that it is the HRET which has jurisdiction over her since she is
not yet considered a Member of the House of Representatives, but rather it is
Velasco who is a member thereof.
• - This is because COMELEC cancelled Reyes’ CoC and such decision became
final and executory.

This Court explained that to be considered a Member of the HoR, there must be a
concurrence of the following requisites:
(i) a valid proclamation
(ii) a proper oath,
and (iii) assumption of office

DISPOSITIVE
WHEREFORE,the Petition for Mandamus is GRANTED. Public respondent Hon.
Feliciano R. Belmonte, Jr., Speaker, House of Representatives, shall administer
the oath of office of petitioner Lord Allan Jay Q. Velasco as the duly-elected