LIMKAICHONG VS COMELEC

Posted by kaye lee on 11:32 PM

G.R. No. 178831-32, 30 July 2009 [Citizenship; Naturalization; C.A. No. 473]

FACTS:
Two petitions were consolidated on the issue about the qualifications of Jocelyn Limkaichong to run for,
be elected to. The proponents against Limkaichong's qualification stated that she is not a natural-born
citizen because her parents were Chinese citizens at the time of her birth. They went on to claim that the
proceedings for the naturalization of Julio Ong Sy, her father, never attained finality due to procedural and
substantial defects. She was eventually proclaimed as the winner and has since performed her duties and
responsibilities as Member of the House of Representatives.

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.
The petitioner asks this Court to restrain the Commission on Elections from looking into the question
of his citizenship as a qualification for his office as Mayor of Baguio City.

Ernesto Mamaril filed a disqualification case against vice-mayoralty candidate Manzano on

the ground that he is not a citizen of the Philippines but of the United States.