vilando v.

electoral tribunal (2011)

EN BANC
[ G.R. Nos. 192147 & 192149, August 23, 2011 ]
RENALD F. VILANDO, PETITIONER, VS. HOUSE OF REPRESENTATIVES ELECTORAL
TRIBUNAL, JOCELYN SY LIMKAICHONG AND HON. SPEAKER PROSPERO NOGRALES,
RESPONDENTS

Facts:
Limkaichong ran as a representative in the 1st District of Negros Oriental.
Because of this, her opponent, Paras and some other concerned citizens filed
disqualification cases against Limkaichong. They alleged that Limkaichong was
not a natural born citizen of the Philippines because when she was born her
father was still a Chinese and that her mother, lost her Filipino citizenship by
virtue of her marriage to Limkaichongs father. During the pendency of the case
against Limkaichong before the 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. Few 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 withResolution 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, it should be the HRET which has the
jurisdiction over the matter and not the COMELEC. COMELEC agreed with
Limkaichong.

Issues:
WON the proclamation done by the COMELEC is valid.
WON the HRET already acquired jurisdiction over the case.
WON Limkaichong is qualified to hold an office in the Republic of the Philippines
Held:
1.
The proclamation of Limkaichong was valid. 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 COMELECs Joint
Resolution. Since the execution of the Joint Resolution was suspended, there was
no impediment to the valid proclamation of Limkaichong as the winner pursuant
to Section 2, Rule 19 of the COMELEC Rules of Procedure.

2.
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 House of Representatives 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.

3.
Records disclose that Limkaichong was born in Dumaguete City on
November 9, 1959. The governing law is the citizenship provision of the 1935
Constitution. 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.

Respondent participated in the barangay elections as a young voter in 1976,

accomplished voter's affidavit as of 1984, and ran as a candidate and was
elected as Mayor of La Libertad, Negros Oriental in 2004. These are positive acts
of election of Philippine citizenship. The case of In re:Florencio Mallare,
elucidates how election of citizenship is manifested in actions indubitably
showing a definite choice. We note that respondent had informally
elected citizenship after January 17, 1973 during which time the 1973
Constitution considered as citizens of the Philippines all those who
elect citizenship in accordance with the 1935 Constitution.

The present petition filed by Vilando was DISMISSED. The Court affirms the March
24, 2010 Decision of the HRET declaring that Limkaichong is not disqualified as
Member of the House of Representatives representing the First District, Negros
Oriental.