Name: Dela Cruz, Mary Julieanne DR

Section: JD-1D
\Constitutional Law 01 | Quiz –Bar Exam Questions
Doctrine: Electoral Tribunals –House of Representatives Electoral Tribunal (HRET)
Case Title: Ongsiako Reyes vs. COMELEC
Question:
Aurora De Leon was a famous Filipina Celebrity who just returned from the US after working
for 30 years and acquiring a US Citizenship. She arrived in the Philippines with plans to renew
her Filipino Citizenship and to run for public office as a member of the House of Representatives
in the incoming National Elections. Her reason is that she wants to give back to her motherland
and spend the rest of her years serving her fellow Filipinos as “a humble servant wanting to
empower the country to rise economically.” She files her Certificate of Candidacy with the
Commission on Elections and begins her campaign. However, COMELEC never approved her
COC as there was immense doubt to her Citizenship. Aurora admitted that she was a dual citizen
and had a US Identification, but she alleged that she would pledge her allegiance to the
Philippines once more. These allegations never came into fruition, and her certificate was thusly
denied in a Resolution.
The Elections have passed and Aurora claimed victory as a Member-elect after receiving the 3 rd
highest number of votes. She took her oath of public office and was sworn into her seat in the
Lower House. However, this was put into question by COMELEC as they invoked their
resolution regarding the denial of her COC –stating that she was not qualified. Aurora files a
petition against this, alleging that COMELEC had no jurisdiction over her qualification as a
member of the House of Representatives as that falls under the original and exclusive jurisdiction
of the House of Representatives Electoral Tribunal.
Are Aurora De Leon’s allegations correct? Why or why not?
Answer:
NO. The allegations of Aurora De Leon are incorrect. According to Jurisprudence, there is no
dispute that the HRET has original and exclusive jurisdiction over the Members of the House of
Representatives as granted by the Constitution. However, the jurisdiction exercised by the
COMELEC in the instant case was with regard to the petitioner’s Certificate of Candidacy,
which was well in its authority to review and decide. Before a Member may be fully sworn into
the House of Representatives, a proclamation from COMELEC must first be given, stating that
the person in question is legally determined to be qualified as a candidate. Only then will the
HRET have jurisdiction over the qualifications of the Member-elect.