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CA upholds indictment of ex-Marinduque rep Reyes for staying in office despite removal order

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The Court of Appeals (CA) has upheld indictment of former Marinduque Representative Regina Ongsiako Reyes for hanging on to her post even after she was ordered removed

The CA has issued a rulign which junked the petition of Reyes who sought the reversal of the Department of Justice (DOJ) resolution which found probable cause to indict her with usurpation of authority or official functions in violation of Article 177 of the Revised Penal Code (RPC).

The case was filed by Marinduque Rep. Lord Allan Velasco who was declared by the Commission on Elections (Comelec) as the winner in the 2013 elections.

Velasco’s win against Reyes which was later affirmed by the Supreme Court (SC).

“Despite the Resolution of the Supreme Court dismissing her petition and finding no grave abuse on the part of the Comelec En Banc, Reyes continuously occupied the Office of the Marinduque Representative, received the salaries, allowances, and other benefits intended for such position, as well as, the funds intended for the maintenance and operational expenses of the Office of the Marinduque Representative,” ruled the CA.

“From the foregoing findings, the essential element of false pretense is apparent,” it stressed.