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Marinduque lawmaker’sdisqualification final – SC

Edu Punay - The Philippine Star

MANILA, Philippines - The Supreme Court (SC) has affirmed with finality its ruling last June upholding the disqualification of Regina Ongsiako-Reyes in the congressional race in Marinduque last May despite her victory.

In a session yesterday, majority of the SC justices voted to deny the second motion for reconsideration filed by Reyes.

“The decision of the court is now final,” SC spokesman Theodore Te said in a brief press briefing.

Te did not reveal the voting or even the effect of the ruling on the pending protest before the House of Representatives Electoral Tribunal (HRET) filed by Reyes’ rival in the congressional race, former congressman Lord Allan Velasco.

Velasco earlier had urged Reyes to vacate the post and respect the SC ruling. But Reyes’ lawyer, Harry Roque Jr., said the SC decision is not binding since the House of Representatives is not impleaded in the case.

Last October, the SC junked the first motion for reconsideration of Reyes, who was recognized by the House of Representatives.

The SC still decided the case and ruled that Reyes failed to present any legal and factual basis to support her argument that while she got her US citizenship after marrying an American citizen, she has not yet undergone naturalization.

Associate Justice Presbitero Velasco Jr., father of Reyes’ rival, inhibited from the case. He chairs the HRET.

Associate Justices Diosdado Peralta, Lucas Bersamin, Jose Mendoza and Estela Perlas-Bernabe also took no part in the proceedings since they are members of the HRET.

Reached for comment, Reyes said her case is now with the HRET.

Under previous SC rulings, she said the tribunal acquires jurisdiction over issues involving the election and qualification of a congressional winner once he or she is proclaimed, has taken his or her oath, and has assumed office.

She has done all three and she has in fact been doing her job as representative of the lone district of Marinduque since the present Congress convened in July, she said.

Reyes earlier had asked Justice Velasco to inhibit himself from the election protest and quo warranto petition filed by his son against her.

A quo warranto petition questions the qualification of a candidate.

Reyes reiterated that the Commission on Elections did not give her the opportunity to prove that she had renounced her American citizenship when she filed her certificate of candidacy. – With Jess Diaz           

             

ASSOCIATE JUSTICE PRESBITERO VELASCO JR.

ASSOCIATE JUSTICES DIOSDADO PERALTA

BUT REYES

HARRY ROQUE JR.

HOUSE OF REPRESENTATIVES

HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

JOSE MENDOZA AND ESTELA PERLAS-BERNABE

JUSTICE VELASCO

LAST OCTOBER

REYES

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