MANILA, Philippines ? (UPDATE) Former energy secretary Angelo Reyes will not hear himself addressed as ?Congressman Reyes? after his winning partylist group dropped him on Friday as its first choice to be its representative in the lower chamber of Congress.

The partylist group 1-United Transport Koalisyon (1-UTAK) withdrew the nomination of Reyes at the Commission on Elections following intense legal opposition to Reyes' status as a marginalized sector representative.

Donald Diaz, 1-UTAK counsel, said Reyes would be replaced by Homero Mercado, an engineer and 1-UTAK's third nominee.

Citing the decision of the board to replace Reyes with Mercado, Diaz said, ?It is important that 1-UTAK is represented in Congress so as not to frustrate the will of the people who voted for it.?

The group, which claims to support the interests of the transport sector, is entitled to one seat in the House of Representatives.

But even with a new first choice who has no disqualification complaints at the Comelec, the group might not be able to have a representative in time for the opening of Congress on Monday, a poll official said.

The withdrawal of Reyes' nomination came after the Comelec?s Second Division declared him qualified to represent a marginalized and under-represented sector despite holding senior posts in the government for several years.

Aside from holding the energy portfolio, Reyes also headed the Department of Environment and Natural Resources and the Department of Defense in the Arroyo administration.

Reyes resigned from his post as energy secretary when he accepted 1-UTAK's offer to be its first nominee before the May 10 national elections.

According to the Second Division, the law does not mandate the party-list nominee to be a member of the marginalized sector he seeks to represent. The decision on who will serve as the face and voice of the party-list in Congress rests on the organization, the Second Division said.

The Second Division also allowed the former president?s son, Juan Miguel Arroyo, to sit as representative of security guards, drivers and janitors, a decision that was upheld by the Comelec as a whole in a 4-2-1 ruling. Akbayan and other groups have asked the Supreme Court to reverse the Comelec decision.

Although Reyes hurdled the challenge at the division level, it did not mean that he could sit in Congress.

Election Commissioner Gregorio Larrazabal, in an interview on Friday, said militant groups have asked the commission en banc to overturn the Second Division?s ruling. As such, Reyes must wait for the full commission?s decision before assuming the post, Larrazabal explained.

In a three-page motion filed Friday, 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 be heard in the Congress.

Since there seemed to be no clear indication as to when the case will be resolved, the 1-UTAK executive committee passed a resolution recently ?withdrawing the nomination of its first nominee, Angelo T. Reyes,? the motion said.

?The board resolution has been known to Angie Reyes. He approved the filing of the withdrawal,? Diaz said in a telephone interview.

The motion noted that Mercado was ?ready and willing to assume 1-UTAK's seat in Congress.? The second nominee, Vigor Mendoza, said he would not take over Reyes' post. Mendoza was 1-UTAK's representative in the 14th Congress.

In his letter to the executive committee, which was also submitted to the Comelec, Mendoza said he resigned from his nomination ?in view of my unfinished professional commitments as a lawyer and so as not to delay proper representation of 1-UTAK in Congress.?

Even with a new nominee who has no legal challenges, 1-UTAK might not have a representative in Congress on Monday, Larrazabal said.

Mercado would not be able to sit as sectoral representative of 1-UTAK as the Comelec has to study the group's motion.

Mercado could attend the opening of the Congress, however, as a ?guest.?

According to Larrazabal, 1-UTAK's motion will have to be submitted to the Law Department, which will then send a recommendation to the commission. The commission will be able to discuss the matter only on Tuesday, he said.