Limkaichong

583 SCRA 1 Political Law The Legislative Department Jurisdiction of the Electoral Tribunals
Jocelyn Limkaichong ran as a representative in the 1 st District of Negros Oriental. Olivia Paras, her rival, and some other concerned citizens filed
disqualification cases against Limkaichong. Limkaichong is allegedly not a natural born citizen of the Philippines because when she was born her
father was still a Chinese and that her mom, though Filipino, lost her citizenship by virtue of her marriage to Limkaichongs dad. During the pendency
of the case against Limkaichong before the (Commission on Elections) COMELEC. Election day came and votes were cast. Results came in and
Limkaichong won over her rival Paras. COMELEC after due hearing declared Limkaichong as disqualified. About 2 days after the counting of votes,
COMELEC declared Limkaichong as a disqualified candidate.
On the following days however, notwithstanding their proclamation disqualifying Limkaichong, the COMELEC issued a proclamation announcing
Limkaichong as the winner of the recently conducted elections. This is in compliance with Resolution No. 8062 adopting the policy-guidelines
of not suspending the proclamation of winning candidates with pending disqualification cases which shall be without prejudice to the
continuation of the hearing and resolution of the involved cases. Paras countered the proclamation and she filed a petition before the COMELEC.
Limkaichong asailed Paras petition arguing that since she is now the proclaimed winner, the COMELEC can no longer exercise jurisdiction over the
matter. It should be the HRET which should exercise jurisdiction from then on. COMELEC agreed with Limkaichong.
ISSUE:
1. Whether or not the proclamation done by the COMELEC is valid.
2. Whether or not COMELEC should still exercise jurisdiction over the matter.
HELD:
1. The proclamation of Limkaichong was valid. The COMELEC Second Division rendered its Joint Resolution dated May 17, 2007. On May 20, 2007,
Limkaichong timely filed with the COMELEC En Banc her motion for reconsideration as well as for the lifting of the incorporated directive
suspending her proclamation. The filing of the motion for reconsideration effectively suspended the execution of the May 17, 2007 Joint
Resolution. Since the execution of the May 17, 2007 Joint Resolution was suspended, there was no impediment to the valid proclamation of
Limkaichong as the winner. Section 2, Rule 19 of the COMELEC Rules of Procedure provides:
Sec. 2. Period for Filing Motions for Reconsideration. A motion to reconsider a decision, resolution, order or ruling of a Division shall be filed within five
(5) days from the promulgation thereof. Such motion, if not pro forma, suspends the execution for implementation of the decision, resolution,
order and ruling.
2. No. The HRET must exercise jurisdiction after Limkaichongs proclamation. The SC has invariably held that once a winning candidate has been
proclaimed, taken his oath, and assumed office as a Member of the lower house, the COMELECs jurisdiction over election contests relating to
his election, returns, and qualifications ends, and the HRETs own jurisdiction begins. It follows then that the proclamation of a winning
candidate divests the COMELEC of its jurisdiction over matters pending before it at the time of the proclamation. The party questioning his
qualification should now present his case in a proper proceeding before the HRET, the constitutionally mandated tribunal to hear and decide a case
involving a Member of the House of Representatives with respect to the latters election, returns and qualifications. The use of the word sole in
Section 17, Article VI of the Constitution and in Section 250 of the OEC underscores the exclusivity of the Electoral Tribunals jurisdiction over
election contests relating to its members.

ISSUES:
1) Whether or not the citizenship of Limkaichong's parents may be questioned in an election case.
2) Whether or not the HRET should assume jurisdiction over the disqualification case.
3) Whether or not the 10-day prescriptive period under 1998 HRET Rules apply to disqualification based on citizenship.

RULINGS:
1) No. The proper proceeding in cancelling the naturalization certificate of one person should be in accordance with Section 18 of CA
No. 473. Clearly under the law and jurisprudence, it is the State, through the Solicitor General or the representative designated by
statute, that may question in the appropriate denaturalization proceeding.

2) Yes. Limkaichong was proclaimed by the Provincial Board of Canvassers, she had taken her oath of office, and she was allowed to
officially assume office on July 23, 2007. Accordingly, the House of Representatives Electoral Tribunal, and no longer the COMELEC,
should now assume the jurisdiction over the disqualification case. Section 17, Article VI of the 1987 Constitution and in Section 2509 of
the OEC underscore the exclusivity of the Electoral Tribunal's jurisdiction over election contests relating to its members.

3) No. The ten-day prescriptive period under the 1998 HRET Rules does not apply to disqualification based on citizenship, because
qualifications for public office are continuing requirements and must be possessed not only at the time of appointment or election or
assumption of office but during the officer's entire tenure.