Case Digest: Velasco vs Belmonte

ISSUE:  Does HRET have the jurisdiction over BB.

FACTS:  COMELEC has cancelled BB’s CoC, acting upon the petition of AA, for alleged misrepresentations in BB’s 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 BB’s CoC. Despite it, Speaker DD administered the oath of office to BB. BB challenged COMELEC’s action and the Supreme Court upheld that there was no grave abuse of discretion by COMELEC. AA filed for an immediate execution of COMELEC’s 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. 

DECISION:  Granted 

RATIO DECIDENDI:  NO. The jurisdiction of the HRET begins only after the candidate is considered a Member of the House of Representatives. BB is not a bona fide member of the House of Representatives for lack of a valid proclamation.. When BB took her oath of office before respondent Speaker DD  in open session, BB had no valid COC NOR a valid proclamation. In view of the foregoing, BB has absolutely no legal basis to serve as a Member of the House of Representatives, and therefore, she has no legal personality to be recognized as a party-respondent at a proceeding before the HRET.