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Wednesday, October 23, 2013

Supreme Court affirms solon's US citizenship


October 23, 2013 5:38 am
Manila, Philippines UTC +08:00 






By Rey E. Requejo | Posted 6 hours ago | 481 views 4

The Supreme Court upheld on Tuesday its decision to disqualify Marinduque Rep. Regina Ongsiako-Reyes because of her American citizenship, but the incumbent lawmaker said the high court’s decision was suspect because the matter is already pending before a congressional electoral tribunal.
Voting 5-4 in its entirety, the high court decided to deny Reyes’ appeal and uphold its ruling last June to cancel her certificate of candidacy because she failed to renounce her American citizenship as required of candidates with dual citizenship.
But Reyes, who was declared winner of Marinduque’s congressional seat in the last May 13 election, said the timing of the ruling was suspect.
“It was expected,” Reyes said, adding that the court issued a ruling although she had already withdrawn her motion for reconsideration.
“It is clear by law that (the case) is already in the jurisdiction of the (House of Representatives Electoral Tribunal),” Reyes said. “We will stick to the HRET to defend my case.”
“We are collectively defending this case, I am thankful with the House leadership for their collective stand,” she added.
In its decision, the SC ruled that Reyes failed to present any legal and factual basis to support her argument that while she gained US citizenship after marrying an American citizen, she had not yet undergone naturalization in the US.
Associate Justice Jose Perez wrote the decision with Chief Justice Maria Lourdes Sereno and Associate Justices Teresita Leonardo De Castro, Roberto Abad and Bienvenido Reyes concurring.
Associate Justice Arturo Brion, on the other hand, dissented along with Senior Associate Justice Antonio Carpio and Associate Justices Martin Villarama and Marvic Leonen.
Copies decision and dissenting opinion were not yet released by the SC as of press time.
Associate Justice Presbitero Velasco Jr. inhibited because his son Lord Allan was the opponent of Reyes in the poll. Associate Justices Diosdado Peralta, Lucas Bersamin, Jose Mendoza and Perlas-Bernabe took no part in the proceedings since they are members of the HRET.

 With Maricel V. Cruz