MANILA, Philippines - Former Marinduque congressman Lord Jay Velasco has again turned to the Supreme Court (SC) in his bid to assume his post as representative of the lone district of the province after the disqualification of his rival, proclaimed Rep. Regina Reyes.
In a 27-page petition, Velasco asked the SC to issue a writ of mandamus ordering Speaker Feliciano Belmonte Jr. to recognize him as duly elected winner in last year’s poll and administer his oath of office.
The petitioner, son of SC Associate Justice Presbitero Velasco Jr. and Ang Mata’y Alagaan party-list Rep. Lorna Velasco, also urged the tribunal to direct House secretary-general Emilia Barua-Yap to put his name in the House roll of members in place of Reyes.
The young Velasco also sought the issuance of a temporary restraining order to prohibit Reyes from further exercising the duties of the congressional seat.
He argued that since the SC ruling that effectively proclaimed him winner in the congressional contest became final and executory last December, it is Belmonte’s ministerial duty to administer his oath and allow him to assume and exercise the prerogatives of the congressional seat for Marinduque representative.
The House leadership earlier said Velasco’s protest against Reyes has reached the House of Representatives Electoral Tribunal, which now has exclusive jurisdiction over it.
Velasco said he has “clear legal right and basis†in seeking relief from the SC, which upheld with finality last year the disqualification of Reyes in the election for being a dual citizen.
Velasco said he has clearly established his “constitutional and legal right to the congressional position†and that what only remains to be done “is to execute and implement the same.â€
In its ruling in June 2013, the SC held 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.
Reyes, who ran under the Liberal Party, unseated Velasco of the National Unity Party, after local Comelec officials proclaimed her winner.