G.R. Nos. 178831-32, 179120, 179132-33, & 179240-41. April 1, 2009
Case Parties:

JOCELYN SY LIMKAICHONG, Petitioner, vs. COMMISSION ON ELECTIONS, NAPOLEON N. CAMERO and RENALD F. VILLANDO, Respondents. (G.R. Nos. 178831-32)
LOUIS C. BIRAOGO, Petitioner, vs. HON. PROSPERO NOGRALES, Speaker of the House of Representatives of the Congress of the Philippines, and JOCELYN SY LIMKAICHONG, Respondents. (G.R. No. 179120)
OLIVIA P. PARAS, Petitioner, vs. HON. PROSPERO NOGRALES, in his capacity as Speaker of the House of Representatives; HON. ROBERTO NAZARENO, in his capacity as Secretary General of the House of Representatives; HON. RHODORA SEVILLA, in her capacity as Deputy Secretary General for Finance of the House of Representatives; THE COMMISSION ON ELECTIONS and JOCELYN SY LIMKAICHONG, Respondents. (G.R. Nos. 179132-33)
RENALD F. VILLANDO, Petitioner, vs. COMMISSION ON ELECTIONS and JOCELYN SY LIMKAICHONG, Respondents. (G.R. Nos. 179240-41)

FACTS

Jocelyn Sy Limkaichong filed her Certificate of Candidacy for Representative of the First District of Negros Oriental on March 26, 2007. Petitions for her disqualification were filed by Napoleon Camero (SPA No. (PES) A07-006) on April 4, 2007, and Renald F. Villando (SPA (PES) No. A07-007) on April 11, 2007, on the ground that she was not a natural-born Filipino citizen, alleging her parents were Chinese citizens at her birth. The COMELEC consolidated these petitions (SPA Nos. 07-247 and 07-248). Limkaichong defended her citizenship, claiming she was born to a naturalized Filipino father (Julio Ong Sy, who took his Oath of Allegiance on October 21, 1959) and a natural-born Filipino mother. The May 14, 2007 elections proceeded with the disqualification cases pending. Limkaichong won with 65,708 votes. On May 15, 2007, candidate Olivia Paras filed a motion to suspend Limkaichong’s proclamation. The COMELEC Second Division, in a Joint Resolution dated May 17, 2007, granted the disqualification petitions, finding Limkaichong disqualified because her father’s naturalization was defective (the Office of the Solicitor General was not properly notified of key proceedings, and his oath was taken exactly 30 days after declaration, one day short of the reglementary period). It directed the suspension of her proclamation. Despite this, the Provincial Board of Canvassers proclaimed Limkaichong as the winning candidate on May 25, 2007. The COMELEC En Banc affirmed the disqualification in a Resolution dated June 29, 2007. Limkaichong filed a Manifestation and Motion for Clarification instead of seeking a restraining order from the Supreme Court. On August 16, 2007, the COMELEC En Banc resolved that all pending incidents relating to Limkaichong’s qualifications should be determined by the House of Representatives Electoral Tribunal (HRET), given her proclamation and assumption of office.

ISSUE

Whether the House of Representatives Electoral Tribunal (HRET) has jurisdiction over the question of Jocelyn Sy Limkaichong’s qualifications after her proclamation, oath-taking, and assumption of office as a Member of the House of Representatives.

RULING

Yes. Once a winning candidate has been proclaimed, taken the oath of office, and assumed office as a Member of the House of Representatives, the jurisdiction of the House of Representatives Electoral Tribunal begins over election contests relating to his or her election, returns, and qualifications. The mere allegation of invalidity of the proclamation does not divest the HRET of its jurisdiction. The Constitution vests in each House of Congress the sole judge of all contests relating to the election, returns, and qualifications of its respective Members. Therefore, upon Limkaichong’s proclamation and assumption of office, the COMELEC correctly ruled that the HRET is the proper forum to determine her qualifications. The petitions challenging the COMELEC’s actions were consolidated and ultimately resolved by recognizing the HRET’s exclusive jurisdiction.