Mandamus to compel Proclamation

HRET Jurisdiction

(Velasco v. Belmonte, G.R. No. 211140, January 12, 2016)

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)

Does HRET have the jurisdiction over BB?

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. (Velasco v.
Belmonte, G.R. No. 211140, January 12, 2016)

Will the Petition for Mandamus prosper?

Yes. Speaker DD has no discretion whether or not to administer the oath of office to CC and to register the
latter's name in the Roll of Members of the House of Representatives.
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. It is beyond cavil that there is in existence final and
executory resolutions of this Court affirming the final and executory resolutions of the COMELEC cancelling
BB's Certificate of Candidacy. There is likewise a final and executory resolution of the COMELEC declaring
null and void the proclamation of BB, and proclaiming CC as the winning candidate for the position of
Representative. The foregoing state of affairs collectively lead this Court to consider the facts as settled
and beyond dispute - CC is the proclaimed winning candidate. (Velasco v. Belmonte, G.R. No. 211140,
January 12, 2016)