Tuesday, July 30, 2013

Entirely shot in Marinduque, Joseph Laban's "Nuwebe" now showing at CCP and selected theaters



VIDEO | Cinemalaya entry ‘Nuwebe’ is inspired by true story of incest and child pregnancy



Currently showing at the ongoing Cinemalaya Philippine Independent Festival at the Cultural Center of the Philippines, Greenbelt, Alabang Town Center and Trinoma, “Nuwebe”had its gala premiere last night, July 29, 9PM at the CCP Main Theater.

As managing producer for GMA News and Public Affairs, Joseph Israel Laban has produced some of the network’s most acclaimed documentaries, including “Wildlife For Sale”, about the black market for endangered animal species, and “Kalbaryo Sa Kalayaan”, which tackled the plight of “distressed” overseas Filipino workers in Riyadh and Jeddah.
So it comes as no surprise that Laban’s second feature film, “Nuwebe”, is inspired on one of his documentaries that featured one of the youngest mothers in Philippine history.

“Yes, ‘Nuwebe’ was inspired by a documentary I directed, produced and wrote for GMA News TV’s documentary show ‘Front Row’ entitled ‘Ang Pinakabata’. That same documentary was screened at last year’s Cinemalaya Documentary Section. It was also a Finalist at the UNICEF Child Rights Awards and the New York Festivals Profiles Category,” Direk Joseph told InterAksyon in a recent interview.

The director insists, however, that “Nuwebe”, an entry to the New Breed section of the Cinemalaya Independent Film Festival, is not a direct adaptation but “more of a starting point”. The film follows the story of Krista who at the tender age of 9 got pregnant from the sexual abuse perpetrated by her own father.

Despite the fact that incest is a sensitive subject and is not easy to watch when depicted on the big screen, the young filmmaker insists that Krista’s scenes were handled with care.

“The rape was not explicitly shot. People should watch the film to see what we did to the sensitive scenes. We were very careful to take care of the welfare of our actors who are also children. In each and every scene of our child actress Barbara Miguel, be it sensitive or not, her mother was always present on the set,” he explained.

Shot in nine days in Marinduque, Laban said that like most, if not all, of the Cinemalaya entries, their production went over the P500,000 grant. “We were able to supplement the grant with support for our co-producers and sponsors. But honestly most of the amount came from our own pockets,” he admitted.

Even with their budgetary constraints, Direk Joseph was still able to land dependable veterans like Anita Linda, Archie Adamos and Manny CastaƱeda as well as big stars Jake Cuenca and Nadine Samonte who incidentally also came from GMA’s rival networks ABS-CBN and TV5 respectively.

“From the start, it was not a conscious choice to cast actors from a specific network. We decided to cast a really wide net in looking for actors to play the key roles in our film. Truth is, some of the actors we considered didn’t want to play mother or father roles or to star in a film with a sensitive theme. Fortunately, Jake and Nadine loved the script and got on board.”

And the filmmaker was more than impressed with Jake and Nadine’s performances. “Jake is the type of actor that really commits to a role. He delivers a performance like we’ve never seen him before. He essays the wide spectrum of emotions of his character admirably,” Direk Joseph said of the actor’s role as the incestuous father in the film.

“Nadine, on the other, is revelation. She fiercely inhabits the character of a loving mother torn between her love for her husband and her children. I have loved her since I saw her play a villain in a TV iteration of ‘Darna’. In ‘Nuwebe’ she shows her incredible aptitude to interpret complicated characters. During the shoot she was very focused. She was willing to cross lines that her wholesome TV persona wouldn’t allow.”



The director reserves his biggest praise for the focal point of his film, child actress Barbara Miguel.
“Barbara was a clear standout from the number of auditions we held for the film. She is a brilliant actress. Most young actors can shed a tear or cue or throw a line perfectly, but with Barbara she is not just playing a role, she is the character. When the camera rolls, she seems to inhabit the character of Krista in the film,” Laban declared.

Laban was asked about his experience as a second-time director and the difference between “Nuwebe” and his first film, “Cuchera”, which was also based on a true story about Filipino drug mules, drug couriers and their recruiters.
“My new film has a number of similarities and differences to ‘Cuchera’. ‘Nuwebe’ is similar in the sense that ‘Nuwebe’ also tackles a pertinent and sensitive social issue. But is also different in the way the story and visual narrative was handled. ‘Cuchera’ was more in your face; ‘Nuwebe’ is more subtle and carefully calibrated,” he replied.

Monday, July 29, 2013

Brillantes reiterates that Comelec has jurisdiction over petitions to deny due course and not HRET




In this TV report over UNTV, Comelec Chairman Sixto S. Brillantes, Jr. maintains that Comelec has jurisdiction over petitions to deny due course and not the House of Representatives Electoral Tribunal (HRET), and that Lord Allan Jay Q. Velasco is the duly elected Representative for the Lone DIstrict of Marinduque.




Wednesday, July 24, 2013

Marinduque earthquake

Epicenter of the July 24 quake (Phivolcs)

Earthquake In Marinduque, The Philippines July 24, 2013

A magnitude 4.7 earthquake jolted Marinduque, Philippines on Wednesday night, July 24, 2013, the Philippine Institute of Volcanology and Seismology (Phivolcs) said.

The temblor, which was 19km deep and tectonic in origin, hit at 6:51 pm. Its epicenter was located at 15km northwest of Boac, Marinduque and was felt at the following intensities:

Intensity IV - Boac and Mogpog, Marinduque; and Intensity III - Lucena City; Abra de Ilog, and Occidental Mindoro.

Phivolcs said it is not expecting damage from the quake and aftershocks are unlikely to occur. There were no immediate reports of casualties.

The Philippine Archipelago sits on the Ring of Fire, an area in the Pacific where continental plates collide causing frequent quakes.

Source: Noypistuff

House recognized lawmaker withdraws petition before High Court

Contributed piece of satire that makes you think. 

Marinduque lawmaker withdraws case in SC
Posted at 07/23/2013 11:10 PM | Updated as of 07/23/2013 11:10 PM
MANILA – After attending the State of the Nation Address on Monday, Marinduque Rep. Regina Reyes formally withdrew her petition before the Supreme Court questioning her disqualification by the Commission on Elections (COMELEC).

She said the oath of office she took before House Speaker Feliciano Belmonte, Jr. bolstered her position that it is now the House of Representatives Electoral Tribunal (HRET) that has jurisdiction over her case.

“After the Speaker’s election, the Members of the House of Representatives of the 16th Congress of the Republic of the Philippines formally took their oath of office before the Speaker in open session,” she said in a two-page manifestation and notice of withdrawal filed by her lawyers, the Roque and Butuyan Law Offices.

“With the Petitioner’s admission and recognition in the House of Representatives, and the official opening and organization of the House of Representatives, all controversies regarding Petitioner’s qualifications and election to office are now within the jurisdiction of the HRET,” she said.

The SC earlier upheld a Commission on Elections decision disqualifying Reyes from taking over the congressional post because of her citizenship.

Reyes later claimed Associate Justice Presbitero Velasco had influenced the decision on behalf of his son Lord Allan Velasco. The latter was her rival to the post.

Justice Velasco denied the allegations. He inhibited in the SC's ruling.

Tuesday, July 23, 2013

Velasco opts to skip SONA

Cong. Lord Allan Jay Q. Velasco

House recognizes Reyes as Marinduque rep; rival Velasco opts to skip Sona

By 
Reposted from Philippine Daily Inquirer


MANILA, Philippines—In the fight for the seat of Marinduque in Congress, Regina Ongsiako-Reyes outpunched her rival Lord Allan Velasco on Monday after the House decided to recognize her as the representative of the province.

But Velasco’s camp vowed to “take all possible remedies” to reverse the House’s recognition of Reyes and put Velasco in Marinduque’s congressional seat.

Velasco’s lawyer, Danny Gapasin, said the candidate decided not to attend the opening of the House after being advised of the pending case involving Marinduque’s representation in Congress.

Velasco issued a statement later saying he chose not to attend the House opening to “avoid any untoward incident” during the proceedings.

“My absence in the opening session does not mean that I am giving up on my battle for the truth and what’s right, but instead my absence shows my respect for the House and my colleagues and for the sanctity of the proceedings in the election for its Speaker and other officers,” Velasco said.

He also sent a letter to Speaker Feliciano Belmonte requesting that the roll be corrected by deleting Reyes’ name and replacing it with his name and that he be recognized as the duly elected representative of Marinduque.

Ignored

But it was Reyes’ name that was called. She was among the 267 lawmakers who took their oaths of office during the session. And she participated in the election for the Speaker, voting for Belmonte.

Reyes hobnobbed with other House members during a breakfast gathering at the House. She was also the one invited to the joint session with the Senate for President Aquino’s State of the Nation Address.

It was also Reyes’ picture, and not that of Velasco’s, that was hung in the gallery of lawmakers outside the session hall.

With all that, the House appeared to have ignored the proclamation by the Commission on Elections (Comelec) of Velasco last week as the representative of Marinduque, nullifying Reyes’ earlier proclamation as the winner of the congressional election in the province on May 13.

Reyes went to the Supreme Court questioning the Comelec’s decision to disqualify her on grounds that she is a US citizen. The court upheld the Comelec’s decision, but Reyes filed a motion for reconsideration.

Defiance

In a statement posted on his Facebook account, Gapasin said the House ignored the rule of law by recognizing Reyes instead of Velasco.

If the House leadership is not convinced about the Supreme Court ruling, Gapasin said, “they should seek legal remedies, but defiance is not among them.”

Comelec Chairman Sixto Brillantes was not available for comment on Monday, but in an earlier interview he said that it was “beyond the powers” of the election commission to enforce Velasco’s proclamation.

“We have nothing to do with the House of Representatives. We cannot force them to accept or not to accept [the decision]. We proclaimed Velasco based on our decision and whether he will be accepted or not is beyond our powers,” Brillantes said.

He said the matter was for the House to settle.

“It’s up to them,” he said.—With reports from Jocelyn R. Uy in Manila and Maricar Cinco, Inquirer Southern Luzon

Monday, July 22, 2013

House rules uphold Velasco win - solon



House rules uphold Velasco win — solon

By Maricel Cruz | Posted on Jul. 21, 2013 at 12:02am |
Reposted from Manila Standard Today

A stalwart of the National Unity Party on Saturday urged the leadership of the House of Representatives to recognize newly proclaimed Congressman Lord Allan Jay Q. Velasco as the duly elected representative of the Lone District of Marinduque.
Cavite Rep. Elpidio Barzaga Jr., NUP vice president,  invoked House rule on oath of members to support his contention.  He said that Section 6, Rule II on membership of the Rules of the House of Representatives is  valid and subsisting rule of the House.
Barzaga issued the statement after the Comelec had proclaimed Velasco, the son of Supreme Court Associate Justice Presbitero Velasco, as the rightful congressman of Marinduque after it disqualified his opponent, Regina Ongsiako Reyes, for being an American citizen.
Comelec Chair Sixto Brillantes said the Comelec just resolved the disqualification case against Reyes, who was accused of falsely identifying herself as a Filipino in her certificate of candidacy (COC).
“We have done our part. We cannot force (the House) to accept or not to accept. We proclaimed Velasco based on our decision.
Whether he will be accepted or not is beyond our powers already,” Brillantes said.
The House leadership has threatened to disregard Velasco’s proclamation since Reyes, whom the Comelec previously proclaimed as the winner, had already taken her oath as a House member.
“If it goes up to the Supreme Court, then good. That is the correct process because all of our decisions can be brought before the high court,” Brillantes added.
In citing the rule on oath of House members, Barzaga said the rule provides that the “members shall take their oath or affirmation either collectively or individually before the Speaker in open session.”
“This rule has been consistently implemented by the House and is an established practice.  All members shall take their oath on July 22, 20l3 before the Speaker who will be elected in the morning of said date,” said Barzaga, chair of the House committee on electoral reforms and suffrage in the 15th Congress.
He noted that the word “shall” is mandatory.
“While the term of the representatives starts at noon of June 30, 20l3, the oath taken on the 4th Monday of July may mean that it retroacts to June 30, 20l3 and whatever acts were done by the members from June 30 to July 2l are validated and ratified by their oath taken on July 22, 20l3,” Barzaga stressed.
On July 9, 20l3, the Comelec en banc nullified the May l8, 20l3 proclamation of Reyes and proclaimed Velasco as the winning candidate.
The certification of proclamation was served on House Secretary General Marilyn Barua-Yap, who is the Interim Speaker, on July l8, 20l3.
Velasco filed a letter with Barua-Yap to recognize him as the duly elected Representative of Marinduque, allow him to assume his position and perform his duties, and to register his name in the roll of representatives, in the process removing the name of ousted candidate Reyes.  But Barua-Yap has not acted on the request.
Barzaga pointed out that any oath taken before June 30, 20l3 may not be considered as official oath since it cannot be made effective prior to June 30, 20l3, as the term starts only on said day.
“During said period, what the House members do are merely to undergo orientation for new members, renovation of their offices and filing of bills. The bills filed will not be considered by the House until after the start of the session on July 22, 20l3,” he said.
Nevertheless, said he believes that an amendment to the rule is needed to avoid conflicting interpretations as to when the member officially assumes office.
He suggested that Section 6 of Rule II be deleted and in its place, it should provide that the Members shall take their oath before the Secretary General who is the interim Speaker on June 30, 20l3, which is the start of the term of the members.

Saturday, July 20, 2013

House asked to recognize Comelec proclamation of Velasco

Rep. Lord Allan Jay Q. Velasco
House asked to recognize Comelec proclamation of justice’s son




Cavite Rep. Elpidio Barzaga Jr., vice president of the National Unity Party, urged the House of Representatives leadership to recognize newly proclaimed Rep. Lord Allan Jay Q. Velasco as the duly elected representative of the lone district of Marinduque.

On July 9, 20l3, the Commission on Elections (Comelec) en banc nullified the May l8, 20l3, proclamation of Regina O. Reyes and proclaimed Velasco the winning candidate.

The certificate of proclamation was served to House Secretary General Marilyn Barua-Yap, who is the interim speaker, on July l8, 20l3.

Velasco wrote to Yap asking Yap to recognize him as the duly elected representative of Marinduque and remove the name of Reyes from the rolls.

Yap, however, has not acted on the letter from Velasco and the certificate from the Comelec.
In a statement, Barzaga said Section 6 Rule 2 on membership of the House continues to be in effect. It provides that “members shall take their oath or affirmation either collectively or individually before the Speaker in open session.”

Under this rule, Barzaga said, House members must take their oath on July 22 before the Speaker, who shall have been elected by that time. Reyes took her oath of office before Speaker Feliciano Belmonte Jr. while the House was not yet in session.

“Any oath taken before June 30 may not be considered as official,” said Barzaga in his statement. Barzaga said the House should respect the Supreme Court decision on the election case involving Velasco and Reyes since the court “is the last bulwark of democracy.”

The high court recently ruled that the Comelec retains jurisdiction over the case, contrary to Reyes’ claim in her petition that the House of Representatives Electoral Tribunal has jurisdiction over whether or not she or Velasco is the rightful representative of Marinduque.

In Marinduque, the contest between Velasco and Reyes is causing confusion among the people. “I really don’t understand. Which of the two is now the congressman?” said 33-year-old storekeeper Shirley Olympia from Boac town.

Reyes insists she’s the elected representative of Marinduque and has been invited as member of the House to the State of the Nation Address of President Aquino on July 22. With reports from Jofel Lacion and Maricar Cinco, Inquirer Southern Luzon

Comelec retains jurisdiction to determine validity and propriety of the acts of the PBOC (cont'd)


"...it was never the intention of the law that a sheer proclamation of a candidate automatically removes from the Commission its prerogative to rectify and nullify the patently illegal acts of the PBOC." - Comelec En Banc

Extracts from the Comelec Resolution in the matter of declaring null and void the proceedings of the Provincial Board of Canvassers (PBOC) of Marinduqe and the subsequent proclamation of Regina O. Reyes as member of the House of Representative in the Lone District of Marinduque. Filed by Petitioner Rep. Lord Allan Jay Q. Velasco. (SPC No. 13-010) 

“As held in Mastura v. Comelec

“Pursuant to its administrative functions the COMELEC exercises direct supervision and control over the proceedings before the Board of Canvassers in Aratuc v. Commission on Elections we held –

                                “While  nominally, the procedure of bringing to the Commission objections to the actuations of boards of canvassers has been quite loosely referred to in certain quarters, even by the Commission and by the Court… as an appeal, the fact of the matter is that the authority of the Commission in reviewing such actuations does not spring from any appellant jurisdiction conferred by any specific provision of law, for there is none such provision anywhere in the Election Code, but from the plenary prerogative of direct control and supervision endowed to it by the above quoted provisions of Section 168. And in administrative law, it is a too well settled postulate to need any supporting citation here, that a superior body or office, having supervision and control over another may do directly what the latter is supposed to do or ought to have done.” (Emphasis and underscoring supplied).

“Clearly, therefore contrary to the assertion of the Respondent, the Commission retains jurisdiction to determine the validity and propriety of the acts of the PBOC. In this regard, it was never the intention of the law that a sheer proclamation of a candidate automatically removes from the Commission its prerogative to rectify and nullify the patently illegal acts of the PBOC. Corollary thereto, it likewise is inconceivable to consider that HRET will have the jurisdiction to review the acts of PBOC after it proclaimed a winning candidate.

“In Codilla v. De Venecia the Supreme Court ruled that HRET has no jurisdiction to review the resolutions of Comelec:

                                “In Puzon v.  Cua, even the HRET ruled that the doctrinal ruling that once a proclamation has been made and a candidate-elect has assumed office, it is the Tribunal that has jurisdiction over an election contest involving members of the House of Representatives, could not have been immediately applicable due to the issue regarding the validity of the very COMELEC pronouncements themselves.” This is because HRET has no jurisdiction to review resolutions or decisions of the COMELEC whether issued by a division or en banc.”

“Consequently, it is on the basis of the Commission’s final and executory Decision that the petitioner asks the Commission to exercise its ministerial duty to execute and implement the same.

“Indeed, while the denial of due course to and/or cancellation of COC generally necessitates the exercise of the Commission’s quasi-judicial functions, when the grounds therefor are rendered conclusive on account of final and executor judgments, such exercise falls within the Commission’s administrative jurisdiction to enforce and administer all laws and regulations – which is definitely outside the functions of the HRET.

On another point, Section 17 of Article VI of the Constitution provides that the HRET shall be the “sole judge all contests relating to the election, returns and qualifications of (the House of Representatives’) Members.” Indeed, the subject of inquiry is limited to election, returns and qualifications. In the same vein, jurisdiction of the HRET may be exercised only over the Members of the House of Representatives.

Here, respondent cannot be considered a Member of the House of Representatives because (1) she has not taken the proper oath required to be a member of the House of Representatives. (2) she has not yet assumed office; and (3) her proclamation is invalid.

“In her Verified Answer, respondent attached a purported oath of office taken before Rosario P. Quiroz, the presiding judge of Branch 29, Regional Trial Court of Manila. However, this is not the oath of office which confers membership to the House of Representatives.

“Section 6 of the Rule II (Membership) of the Rules of the House of Representatives provides:

                                “Section 6. Oath of Affirmation of Members.
“Members shall take their oath or affirmation either collectively or individually before the Speaker in open session.(Emphasis and underscoring supplied).


“Consequently, before one can be considered a Member of the House of Representatives, the oath must be made (1) before the Speaker of the House and (2) must be made in open session. Since Reyes has not done the same, she cannot be considered a Member of the House of Representatives.”

NUP's Barzaga: Accept Velasco as representative

Cavite Rep. and NUP VP Pidi Barzaga

Barzaga: Accept Velasco as Marinduque representative

CAVITE Rep. and National Unity Party Vice-President Elpidio Barzaga yesterday urged the House of Representatives leadership to recognize newly-proclaimed Rep. Lord Allan Jay Q. Velasco as the duly elected congressman for the lone district of Marinduque.

Reacting to the claim of Velasco’s disqualified rival, Regina Reyes, that she had already taken her oath before House Speaker Feliciano Belmonte, Barzaga said Section 6, Rule II on membership of the House has been consistently practiced and implemented by the chamber.

Barzaga said the rule provides that “members shall take their oath or affirmation either collectively or individually before the Speaker in open session.

And the Speaker shall be elected only on Monday morning, July 22, Barzaga said.

Apart from this, Barzaga said the term of office of a representative begins at noon of June 30. But Reyes was proclaimed on May l8.

Therefore, any oath taken before June 30 may not be considered as official since the term of office of a representative starts only on that day, Barzaga pointed out.

On the question as to who has jurisdiction over the dispute, Barzaga said the Supreme Court is the last bulwark of democracy and the only branch of government entrusted by the Constitution to decide cases.

Barzaga noted that the High Court clearly ruled that three things must concur before the House of Representatives Electoral Tribunal can assume jurisdiction over the case.

“These are proclamation, oath of office and assumption of office,” Barzaga added.

***** ***** *****
My humble comments to the above article:

PROCLAMATION, OATH AND ASSUMPTION OF OFFICE

I suppose when you talk about "proclamation" what is meant by that is a "VALID PROCLAMATION" and not one that has been declared by the Comelec "NULL and VOID and without any legal force and effect", as in this case.

I suppose when you talk about "oath of office" that means not an oath of office taken on June 5, 2013 during the last day of session of the 15th Congress, as in this case, where one might wonder why there was "undue haste" since the 16th Congress is yet to open on Monday, June 22, 2013. 


Rules of the House states thus:

"Section 6, Rule II (Membership) of the Rules of the House of Representatives provides: 
"Section 6. Oath or Affirmation of Members. – Members shall take their oath or affirmation either collectively or individually before the Speaker in open session." 

As regards "assumption of office" it must be stressed that the SC decision was promulgated on June 25, 2013, where, in response to the Petitioner's claim that Comelec was already ousted of its jurisdiction, it stated in part, thus:

"Here, the petitioner cannot be considered a Member of the House of Representatives because, primarily, she has not yet assumed office. To repeat what has earlier been said, the term of office of a Member of the House of Representatives begins only “at noon on the thirtieth day of June next following their election.”

Friday, July 19, 2013

In the matter of declaring null and void the proceedings of the PBOC and subsequent proclamations (cont'd)




Extracts from the Comelec Resolution in the matter of declaring null and void the proceedings of the Provincial Board of Canvassers (PBOC) of Marinduqe and the subsequent proclamation of Regina O. Reyes as member of the House of Representative in the Lone District of Marinduque. Filed by Petitioner Rep. Lord Allan Jay Q. Velasco. (SPC No. 13-010):

“Moreover, considering the peculiar circumstances of the instant case, we take note that respondent did not avail herself of the right to file a petition before the HRET to contest the legality of the May 14, 2013 Resolution of the Comelec En Banc. If she really believes that HRET has jurisdiction over the issue of her eligibility as candidate for the said May 14, 2013 Resolution or the legality of her May 18, 2013 proclamation, then she should have immediately filed a petition before the said tribunal to prevent said resolution from attaining finality right after her first proclamation pursuant to the May 15, 2013 Resolution of the Villa PBOC or, at the latest, after May 18, 2013 when she was proclaimed by the Ignacio PBOC. Her failure to seek recourse from HRET is an admission on her part that this Commission still retains jurisdiction over the instant petition.

“Furthermore, in the second paragraph of page 3 of her Verified Answer to the instant petition, respondent expressly admitted that HRET still has no jurisdiction over the instant petition by reserving her right to take appropriate action before the Supreme Court, thus:

                       “Respondent admits the allegations as to her being a resident of Barangay Lupac, Boac, Marinduque as well as her being a candidate for the position of Representative in the lone district of Marinduque. Respondent, however, expresses reservations and commenting on the Resolutions issued by the Honorable Commission (First Division and En Banc) considering the same will be made subject of an appropriate Petition before the Supreme Court.” (Emphasis and underscoring supplied)”

“Reyes should have made reservation in her Verified Answer of her right to institute the appropriate action before the HRET to support her position that HRET’s jurisdiction starts after proclamation. Her admission that she will seek relief from the Supreme Court is proof of her recognizing HRET without jurisdiction even if she has been proclaimed by the Ignacio PBOC.

“The present petition, strictly speaking, is not a contest involving the “election, returns, and qualifications” of Reyes, it does not even involve a determination of the “inadequacy of the certificate of candidacy” of Reyes, considering that the same had already been established in a separate case subject of this Commisson’s Decision in SPA No. 13-053 (DC) entitled Joseph Socorro B. Tan v. Atty. Regina Ongsiako Reyes, which is already final and executory.

“On the contrary, the present petition involves the determination of the validity and propriety of the proclamation made by the PBOC. In reality, the petitioner does not invoke the exercise of the Commission’s quasi-judicial functions as to determine matters related to the “election, returns, and qualifications” of Reyes. Rather, the petitioner is invoking (1) the Commission’s administrative power of supervision and control over the PBOC and (2) this Commission’s ministerial duty to implement this Commission’s already final and executory Decision – both of which fall within the jurisdiction of this Commission and, without a doubt, outside the authority of the HRET.

“The Commission exercises the power of “direct control and supervision over the Board of Canvassers.” As such, it is possessed with ample authority to annul, reverse and modify the acts of the PBOC and ensure that the latter performs its functions in accordance with law and rules, regulations and resolutions of the Commission.”

We've done our part, Comelec says of Marinduque proclamation


Comelec Chairman Sixto Brillantes Jr. defended Thursday,
July 18, 2013, the agency’s decision 

We’ve done our part, Comelec says of Marinduque proclamation

By 
Reposted from Philippine Daily Inquirer

5:48am Friday, July 19th, 2013


Commission on Elections Chairman (Comelec) Sixto Brillantes Jr. defended Thursday the agency’s decision to proclaim the reelectionist son of a Supreme Court justice the winner of the Marinduque congressional race.
Brillantes said it was the Comelec and not the House of Representatives that had jurisdiction over matters concerning a candidate’s certificate of candidacy (COC).

The Comelec on Tuesday proclaimed Lord Allan Jay Velasco, son of Supreme Court Associate Justice Presbitero Velasco, the representative of the lone district of Marinduque after it disqualified Regina Ongsiako Reyes for being an American citizen.

No jurisdiction over COC

House leaders have threatened to ignore Velasco’s proclamation since Reyes, whom the Comelec had earlier proclaimed the winner, had already taken her oath as a representative.

“They don’t want to recognize that? The House does not have jurisdiction over certificates of candidacy. They don’t have the authority to determine COCs. That is what they should see,” said Brillantes in an interview Thursday.

He explained that the Comelec had merely resolved the disqualification case against Reyes, who was accused of falsely identifying herself as a Filipino citizen in her COC.

Bringing to high court

“We have done our part. We cannot force (the House) to accept or not to accept. We proclaimed Velasco based on our decision. Whether he will be accepted or not is beyond our powers already,” Brillantes said.

He said that if Congress would not recognize Velasco, the matter may again be brought to the Supreme Court for resolution.

“If it goes up to the Supreme Court, then good. That is the correct process because all our decisions can be brought before the high court,” Brillantes said.

“If we are sustained by the Supreme Court and the House still refuses to recognize (Velasco), then let us leave them to fight each other. As for us, we have done our part,” he said.

Reyes had won the vote count, with Velasco coming in second. The Comelec, however, disqualified her on the grounds that she was a US citizen. Reyes protested her disqualification in the Supreme Court. The magistrates threw her protest back to the Comelec, which dismissed it, paving the way for Velasco to take the congressional seat. Reyes charged the elder Velasco had influenced his fellow justices into throwing the protest back to the Comelec. Justice Velasco, who did not take part in the case, has denied this.

Thursday, July 18, 2013

Putting the cart before the horse, Marinduque controversy

As early as June 3, 2013 or just two weeks after the now Comelec-declared null and void proclamation, a Reyes-sponsored rally in Boac, Marinduque already showed placards demanding HRET jurisdiction over the matter. See Concocting a protest rally in Marinduque  


PREMEDITATED ACCUSATION?  On that same day, June 3, 2013, the Reyes-staged rally already made premature innuendos against Associate Justice Presbitero Velasco, Jr. (see fifth placard from left saying "Justice Velasco Wag Kang Makialam"), even as Reyes has yet to file her petition with the Supreme Court assailing resolutions issued by the Comelec that cancelled her COC. Said petition for certiorari was filed by Reyes on June 7, 2013. When the SC came out with a decision not favorable to her on June 25 she threatened to file an impeachment complaint against Justice Velasco and SC justices who did not rule in her favor.