Although his nomination has already been withdrawn by the 1-Utak Party-list group, the Commission on Elections (Comelec) said former Energy Secretary Angelo Reyes remains the nominee of the group pending the approval of the nomination of his replacement by the en banc.

“Once the en banc approves the replacement of the nominee of the organization, that’s the time we can issue a certificate of proclamation,” Comelec Commissioner Gregorio Larrazabal said.

However, he said their Law Department has to study first the petition that was filed by the group before they can discuss the matter in their en banc this coming Tuesday.

On Friday, the 1-Utak withdrew the nomination of Reyes as its first nominee and replaced him with Engr. Homero A. Mercado, their third nominee.

In their urgent petition and manifestation, the party-list said the “delay” in the final resolution of the disqualification case against Reyes has created “anxiety” among its members who were eager to see them represented in Congress.

Larrazabal said that since the nomination of Mercado has not yet been approved, he can’t sit as the group’s representative once Congress opens on Monday.

"He can go there as guest but not as a congressman because his substitution has not yet been approved by the Comelec en banc,” he said.

Asked regarding the pending disqualification case of Reyes at the en banc, Larrazabal said it would be rendered moot and academic once they approved his replacement.

“That case will be rendered moot and academic simply because he’s no longer a nominee of the party-list organization,” he said.