Reyes v. COMELEC, G.R. No.

207264 (2013)
 

Facts. Reyes was running as representative of Marinduque. Tan, a registered voter, filed in COMELEC a petition to
deny Reyes a Certificate of Candidacy (COC) for material misrepresentation on her status, birthdate, residence, and
citizenship. COMELEC granted Tan’s petition and cancelled Reyes’s COC. Reyes filed an MR. COMELEC en banc
dismissed it.

Incidentally, four days after the COMELEC en banc decision, Reyes won the election. On June 5, 2013, the House
of Representatives proclaimed her the winner and thereafter she took her oath. She is yet to assume office.

Reyes filed in the present court arguing that House of Rep Electoral Tribunal, not COMELEC, has jurisdiction.

Issue. Does the COMELEC has jurisdiction? -Yes

Held: COMELEC has jurisdiction because Reyes is not a member of the House yet. To be member of the House, the
representative should have been proclaimed, taken her oath, and assumed office. In this case, although Reyes has
indeed been proclaimed and had taken her oath, she has not yet assumed office. The Constitution provides that the
assumption of office is at noon on the thirtieth day of June next following their election.  Reyes has not assumed
office yet, hence COMELEC still has jurisdiction.