CASE DIGEST BY: PANGO, ROSE MAE L.

TOPIC: CITIZENSHIP

 

VILANDO V HRET

G.R. Nos. 192147 & 192149, August 23, 2011

FACTS

Limkaichong ran for the 1st District of Negros Oriental as a representative. As a result, Limkaichong's opponent, Paras, and a few other interested citizens filed disqualification cases against her. They said Limkaichong was not a natural-born Filipino citizen because her father was still a Chinese when she was born, and her mother lost her Filipino citizenship as a result of her marriage to Limkaichong's father.

Election day arrived, and votes were cast, while the case against Limkaichong was pending before the COMELEC. Limkaichong defeated her rival Paras, according to the results. Limkaichong was ruled disqualified by the COMELEC after a thorough investigation. Despite their proclamation disqualifying Limkaichong, the COMELEC issued a proclamation declaring Limkaichong as the winner of the recently held elections a few days later. This is in accordance with Resolution No. 8062, which established policy-guidelines for not suspending the proclamation of winning candidates with pending disqualification cases, without prejudice to the continuation of the hearing and resolution of the cases in question.

The proclamation was challenged by Paras, who filed a petition with the COMELEC. Limkaichong slammed Paras' petition, claiming that since she has been declared the winner, the HRET, not the COMELEC, should have jurisdiction over the matter. Limkaichong received approval from COMELEC.

ISSUES

Whether Limkaichong is qualified to hold public office in the Philippines.

RULING

Yes. Limkaichong's declaration was correct. Limkaichong filed her petition for reconsideration and the lifting of the incorporated order suspending her proclamation with the COMELEC En Banc in a timely manner. The COMELEC's Joint Resolution was essentially put on hold after the motion for reconsideration was filed. There was no impediment to the legitimate declaration of Limkaichong as the winner under Section 2, Rule 19 of the COMELEC Rules of Procedure since the Joint Resolution's execution had been suspended.

The Supreme Court has consistently held that once a winning candidate has been proclaimed, sworn in, and taken his oath as a Member of the House of Representatives, the COMELEC's jurisdiction over election contests relating to his election, returns, and qualifications ends and the HRET's own jurisdiction begins. As a result, the COMELEC's authority over matters pending before it at the time of the proclamation is forfeited when a winning candidate is declared.

The party challenging his qualification should now file a formal complaint with the HRET, the legally mandated tribunal that hears and decides cases concerning a Member of the House of Representatives' nomination, returns, and qualifications. The term "sole" is used in Section 17 of Article VI of the Constitution and Section 250 of the OEC to emphasize the Electoral Tribunals' exclusive jurisdiction over election contests involving its representatives.

The HRET, therefore, correctly relied on the presumption of validity of the July 9, 1957 and September 21, 1959 Orders of the Court of First Instance (CFI) Negros Oriental, which granted the petition and declared Julio Sy a naturalized Filipino absent any evidence to the contrary. Respondent Limkaichong falls under the category of those persons whose fathers are citizens of the Philippines. (Section 1(3), Article IV, 1935 Constitution) It matters not whether the father acquired citizenship by birth or by naturalization.

Therefore, following the line of transmission through the father under the 1935 Constitution, the respondent has satisfactorily complied with the requirement for candidacy and for holding office, as she is a natural-born Filipino citizen. According to records, Limkaichong was born in Dumaguete City on November 9, 1959. The governing law is the citizenship clause of the 1935 Constitution. Respondent voted in barangay elections as a young voter in 1976, completed a voter's affidavit in 1984, and stood for and was elected Mayor of La Libertad, Negros Oriental, in 2004. These are constructive acts of Philippine citizenship election.

The case of In re: Florencio Mallare elucidates how citizenship election is manifested in acts that clearly indicate a preference. We note that respondent formally elected citizenship after January 17, 1973, when the 1973 Constitution found all those who formally elected citizenship in compliance with the 1935 Constitution to be Filipino citizens.

Vilando's current appeal has been dismissed. The Court upholds the HRET's March 24, 2010 decision that Limkaichong is not barred from serving in the House of Representatives as a member of the First District, Negros Oriental.