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JOCELYN SY-LIMKAICHONG VS COMELEC | GR NO.

178831-3 | JULY 30, 2009


FACTS:
The issue in this consoliated petitions in the qualifications of Jocelyn Sy Limkaichong. She run for
the position of representative of the 1st District of Negros Oriental. The other parties sought for her
disqualification stating that she is not a natural-born filipino citizen. Thus, she lacks the citizenship
requirement in Section 6 Article VI of the 1987 Constitution. She won the said election and proclaimed as
the winner and performing her duties and responsibilities as a Member of the House of Representatives.
The proponents claimed that Limkaichong, at the time of her birth, her parents were Chinese citizen,
that her father Julio Ong Sy naturalization was never attained due to procedural and substantial defects.
In COMELEC Joint Resolution dated May 17, 2007 stated that Jocelyn Sy-Limkaichong is declared
disqualified from her candidacy for representative of the 1st District of Negros Oriental.

ISSUES:
1. Whether the House of Representatives Electoral Tribunal shall assume jurisdiction, in lieu of the
COMELEC, over the issue of Limkaichong’s citizenship.
2. Whether the COMELEC En Banc correctly disqualified Limkaichong on the ground that she is not
a natural born Filipino citizen.
RULING:
1. Yes. Limckaichong was already proclaimed by the Provincial Board of Canvasser, taken her oath of
office and assume office on July 23, 2007. Therefore it is the House of Representative Electoral
Tribunal should assume the jurisdiction relating to the election contest of its members according to
the Section 17 Article VI of the 1987 Constitution and Section 250 of the Omnibus Election Code and
not the COMELEC.
“Once a winning candidate has been proclaimed, taken his oath, and assumed office as a member of
the House of the Representatives, the COMELEC’s jurisdiction over election contests relating to his election,
returns, and qualifications ends, and the Electoral Tribunal’s own jurisdiction begins”. Vinsons-Chato vs
Commission on Elections, 520 SCRA 166
2. No, in resolving the disqualification case, the COMELEC Division relied on the entries in the docket
book of the OSG, the only remaining naturalization proceedings of Julio Ong Sy, Limkaichong’s
father. The court ruled that they cannot resolve the matter as the same should have been challenged
in appropriate proceedings as earlier stated.
WHEREFORE, the motion for Reconsideration with prayer for Oral Argument filed by peitioner
Louis C. Biraogo in GR No. 170120 is Denied with Finality.

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