Quo Warranto

VELASCO vs. BELMONTE

G.R. No. 211140. January 12, 2016
Digest of Digest:

SUMMARY: The COC of Reyes, candidate for Representative of Marinduque, was cancelled. However, the decision
cancelling the COC only reached finality the day after elections. She won the elections. The Marinduque Provincial
Board of Canvassers proclaimed Reyes as winner. Velasco, another candidate, assailed the proceedings of the
PBOC and proclamation of Reyes. However, this was denied but on appeal COMELEC En Banc reversed and
proclaimed Velasco as the winning candidate. Despite these decisions, Speaker Belmonte, Jr. refused to act and
recognize Velasco as winner. When Congress opened, Reyes assumed office.

Question: Is the proper remedy of Velasco a writ of mandamus, or a petition for quo warranto?

Mandamus. Here, there is no need to determine the rights of Velasco to assume office since there were already
several COMELEC decisions that proclaimed him as winner. What is only left is the ministerial duty of Speaker
Belmonte, Jr. to administer Velasco’s oath. Reyes’ proclamation and oath were invalid since her COC was already
cancelled when the decision became final. Hence, she had no legal basis to serve as a Member of the HoR hence,
she has no legal personality to be recognized as a party-respondent at a quo warranto proceeding.

FACTS:
 On October 10, 2012, Tan, a registered voter and resident of the Municipality of Torrijos, Marinduque, filed
with the COMELEC a petition to deny due course or cancel the CoC of Reyes, Representative of
Marinduque, alleging several material misrepresentations in her COC
 COMELEC First Division resolved to grant the petition, Reyes COC’s was accordingly cancelled. Reyes filed
an MR
 While the resolution of the motion was pending, local and national elections were held with Reyes’ name
still on the ballot
 The day after the elections, or on May 14, 2013, COMELEC En Banc affirmed the resolution of the
COMELEC First Division, which only became final and executory on June 5, 2013
 On May 18, 2013, despite its receipt of the May 14, 2013 COMELEC Resolution, the Marinduque
Provincial Board of Canvassers (PBOC) proclaimed Reyes as the winner of the May 13, 2013 elections
for the position of Representative of the Lone District of Marinduque.
 Velasco filed an Election Protest Ad Cautelam against Reyes in the HRET
 a Petition for Quo Warranto Ad Cautelam was also filed against Reyes was likewise filed in the HRET
(Matienzo v. Reyes) but was dismissed
 On June 7, 2013, Speaker Belmonte, Jr. administered the oath of office to Reyes.
 Reyes then filed before this Court a Petition for Certiorari against the May 14 COMELEC decision which was
dismissed
 Significantly, this Court held that Reyes cannot assert that it is the HRET which has jurisdiction over her
since she had not yet taken her oath or assumed office
 Meanwhile Velasco filed a Petition for Certiorari before the COMELEC (Velasco v New/Old Members of the
Provincial Board of Canvassers (PBOC)) assailing the proceedings of the PBOC and the proclamation of
Reyes as null and void – however, this was denied (SPC. 13-010) hence Velasco filed an MR
 Tan filed a Motion for Execution of the March 27, 2013 Resolution of the COMELEC First Division and
the May 14, 2013 decision praying that Velasco would be proclaimed the duly elected Representative
(SPA 13-053)
 At noon of June 30, 2013, it would appear that Reyes assumed office and started discharging the functions
of a Member of the House of Representatives.
 Acting on the MR of Velasco, COMELEC En Banc reversed the denial of Velasco’s petition and declared
Reyes’ proclamation as null and void, in the same decision Velasco was proclaimed as the winning
candidate
 Quo Warranto

 In SPA 13-053, COMELEC En banc granted Tan’s motion for execution and directed the reconstitution of
a new PBOC of Marinduque, as well as the proclamation by said new Board of Velasco as the duly elected
Representative
 On July 16, 2013, the newly constituted PBOC of Marinduque proclaimed herein petitioner Velasco as the
duly elected Member of the House of Representatives for the Lone District of Marinduque
 On July 22, 2013, the 16th Congress of the Republic of the Philippines formally convened in a joint session
and Reyes was recognized as the elected Representative, hence took her oath before Speaker Belmonte
Jr.
 Upon motion of Velasco, the COMELEC issued an order that copies of the significant decisions be sent to
Speaker Belmonte Jr for his guidance, however it was to no avail
 Velasco relates that his efforts proved futile. He alleges that despite all the letters and requests to Speaker
Belmonte, Jr. and Sec. Gen. Barua-Yap, they refused to recognize him as the duly elected Representative
 Hence this petition for mandamus against Speaker Belmonte Jr, ordering said respondent to administer
the proper oath in favor of Velasco for the position of Representative for the Lone District of Marinduque

ISSUE: Whether the issuance of a writ of mandamus to compel Speaker Belmonte Jr and Sec. Gen. Barua-Yap to
perform the specific acts sought by Velasco is proper

RULING: Yes. The correct remedy is a writ of mandamus and NOT a petition for quo warranto. Respondents are
incorrect in asserting that the petition for mandamus should be dismissed.

A petition for quo warranto is a proceeding to determine the right of a person to the use or exercise of a
franchise or office and to oust the holder from its enjoyment, if his claim is not well-founded, or if he has
forfeited his right to enjoy the privilege.

Where the action is filed by a private person, he must prove that he is entitled to the controverted position;
otherwise, respondent has a right to the undisturbed possession of the office. In this case, given the present
factual milieu, i.e., (i) the final and executory resolutions of this Court in G.R. No. 207264; (ii) the final and executory
resolutions of the COMELEC in SPA No. 13-053 (DC) cancelling Reyes’s Certificate of Candidacy; and (iii) the final
and executory resolution of the COMELEC in SPC No. 13-010 declaring null and void the proclamation of Reyes and
proclaiming Velasco as the winning candidate for the position of Representative for the Lone District of the
Province of Marinduque · it cannot be claimed that the present petition is one for the determination of the right
of Velasco to the claimed office. TO BE SURE, WHAT IS PRAYED FOR HEREIN IS MERELY THE ENFORCEMENT
OF CLEAR LEGAL DUTIES AND NOT TO TRY DISPUTED TITLE. That the respondents make it appear so will
not convert this petition to one for quo warranto.

At the time of Reyes's proclamation, her COC was already cancelled by the COMELEC En Banc in its final finding in
its resolution dated May 14, 2013, the effectivity of which was not enjoined by this Court, as Reyes did not avail of
the prescribed remedy which is to seek a restraining order within a period of five (5) days as required by Section
13(b), Rule 18 of COMELEC Rules. the PBOC should have refrained from proclaiming Reyes.

When Reyes took her oath of office before respondent Speaker Belmonte, Jr. in open session, Reyes had NO valid
COC NOR a valid proclamation.

Thus, to consider Reyes's proclamation and treating it as a material fact in deciding this case will paradoxically alter
the well-established legal milieu between her and Velasco

In view of the foregoing, Reyes HAS ABSOLUTELY NO LEGAL BASIS to serve as a Member of the House of
Representatives for the Lone District of the Province of Marinduque, and therefore, she HAS NO LEGAL
PERSONALITY to be recognized as a party-respondent at a quo warranto proceeding before the HRET

ON THE PROPRIETY OF A WRIT OF MANDAMUS

 Quo Warranto

A petition for mandamus will prosper if it is shown that the subject thereof is a ministerial act or duty, and not purely
discretionary on the part of the board, officer or person, and that the petitioner has a well-defined, clear and certain
right to warrant the grant thereof. A purely ministerial act or duty is one which an officer or tribunal performs in a
given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority, without regard to or
the exercise of his own judgment upon the propriety or impropriety of the act done. If the law imposes a duty upon
a public officer and gives him the right to decide how or when the duty shall be performed, such duty is discretionary
and not ministerial. The duty is ministerial only when the discharge of the same requires neither the exercise of
official discretion or judgment.

As the facts stand in this case, Speaker Belmonte, Jr. and Sec. Gen. Barua-Yap have no discretion whether or
not to administer the oath of office to Velasco and to register the latter's name in the Roll of Members of the
House of Representatives, respectively. It is beyond cavil that there is in existence final and executory resolutions
of this Court in G.R. No. 207264 affirming the final and executory resolutions of the COMELEC in SPA No. 13-053
(DC) cancelling Reyes's Certificate of Candidacy. There is likewise a final and executory resolution of the COMELEC
in SPC No. 13-010 declaring null and void the proclamation of Reyes, and proclaiming Velasco as the winning
candidate for the position of Representative for the Lone District of the Province of Marinduque.

The foregoing state of affairs collectively lead this Court to consider the facts as settled and beyond dispute
- Velasco is the proclaimed winning candidate for the Representative of the Lone District of the Province of
Marinduque.

ON WHETHER IT IS THE HRET THAT HAS JURISDICTION NOT THE SC IN ANNULLING REYES
PROCLAMATION

Reyes argues in essence that this Court is devoid of original jurisdiction to annul her proclamation. Instead, it is the
HRET that is constitutionally mandated to resolve any questions regarding her election, the returns of such election,
and her qualifications as a Member of the House of Representatives especially so that she has already been
proclaimed, taken her oath, and started to discharge her duties as a Member of the House of Representatives
representing the Lone District of the Province of Marinduque. But the confluence of the three acts in this case - her
proclamation, oath and assumption of office - has not altered the legal situation between Velasco and Reyes.

The important point of reference should be the date the COMELEC finally decided to cancel the Certificate of
Candidacy (COC) of Reyes which was on May 14, 2013. The most crucial time is when Reyes's COC was cancelled
due to her non-eligibility to run as Representative of the Lone District of the Province of Marinduque - for without
a valid COC, Reyes could not be treated as a candidate in the election and much less as a duly proclaimed
winner.

BRION, J., Dissenting Opinion

PEREZ, J., Concurring Opinion
LEONEN, J., Concurring Opinion