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HRET Jurisdiction
COMELEC has cancelled BBs CoC, acting upon the petition of AA, for alleged misrepresentations
in BBs CoC. While the motion for reconsideration field by BB was pending, the election was held
and BB was proclaimed as winner by the Provincial Board of Canvassers. CC filed an Election
Protest in the HRET. COMELEC issued a Certificate of Finality on its cancellation of BBs CoC.
Despite it, Speaker DD administered the oath of office to BB. BB challenged COMELECs action and
the Supreme Court upheld that there was no grave abuse of discretion by COMELEC. AA filed for
an immediate execution of COMELECs previous resolution and to declare CC as winner. COMELEC
declared the proclamation of BB as null and void. CC filed a petition for the Court to issue a writ of
mandamus to compel Speaker DD to proclaim him as winner, despite notice given to him by
COMELEC.
Is BB considered a Member of the House of Representative?
BB is is not yet considered a Member of the House of Representatives. This Court explained that to be
considered a Member of the House of Representatives, there must be a concurrence of the following
requisites: (i) a valid proclamation, (ii) a proper oath, and (iii) assumption of office.
A valid proclamation is the first essential element before a candidate can be considered a Member of the
House of Representatives over which the Tribunal could assume jurisdiction. Such element is obviously
absent in the present cases as Regina BB' proclamation was nullified by the COMELEC, which nullification
was upheld by the Supreme Court. There was no basis for the proclamation of BB. 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." (Velasco v. Belmonte, G.R. No. 211140, January
12, 2016)