Facts:
The core issue in the consolidated petitions is the
qualification of Limkaichong to run for, be elected to, and assume and
discharge, the position of Representative for the First District of Negros
Oriental. The contention of the parties who sought her disqualification is that
she is not a natural-born citizen, hence, she lacks the citizenship requirement
in Section 6, Article VI of the 1987 Constitution. In the election that
ensued, she was voted for by the constituents of Negros Oriental and garnered
the highest votes. She was eventually proclaimed as the winner and has since
performed her duties and responsibilities as Member of the House of
Representatives.
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.
Nevertheless, events have already transpired after
the COMELEC has rendered its Joint Resolution. Limkaichong was proclaimed by
the Provincial Board of Canvassers, she had taken her oath of office, and she
was allowed to officially assume the office on July 23, 2007. Accordingly, we
ruled in our April 1, 2009 Decision that the House of Representatives Electoral
Tribunal (HRET), and no longer the COMELEC, should now assume jurisdiction over
the disqualification cases. Pertinently, the Court held:
x x x The
Court 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 COMELEC's jurisdiction
over election contests relating to his election, returns, and qualifications
ends, and the HRET's own jurisdiction begins.
Issue:
1. Whether
or not HRET has jurisdiction over the disqualification cases?
2. WON
the irregularity of the Limkaichong’s proclamation will prevent HRET from
acquiring jurisdiction?
Ruling:
1. Yes, HRET has jurisdiction over the disqualification cases.
Section 17, Article VI of the 1987
Constitution provides:
Sec. 17.
The Senate and the House of Representatives shall each have an
Electoral Tribunal which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their respective
Members.
In this case, Limkaichong was proclaimed by the Provincial Board
of Canvassers, she had taken her oath of office, and she was allowed to
officially assume the office on July 23, 2007.She took all the necessary
elements to become a Member of the House of Representatives. As such, HRET will
be the sole judge of the qualification complaints against her.
Hence, HRET
has jurisdiction over the disqualification cases.
2. No, the irregularity of the Limkaichong’s proclamation will
not prevent HRET from acquiring jurisdiction.
Jurisprudence
teaches that in an electoral contest where the validity of the proclamation of
a winning candidate who has taken his oath of office and assumed his post as
congressman is raised, that issue is best addressed to the HRET. The reason for
this ruling is self-evident, for it avoids duplicity of proceedings and a clash
of jurisdiction between constitutional bodies, with due regard to the people's
mandate.
In the
case at bar, Limkaichong was proclaimed by the Provincial Board of Canvassers,
she had taken her oath of office, and she was allowed to officially assume the
office on July 23, 2007. Even if there is an alleged irregularity in her
proclamation, she still has validly assumed office. As such HRET will have
jurisdiction over any qualification complaints.
Hence, the
irregularity of the Limkaichong’s
proclamation will not prevent HRET from acquiring jurisdiction.
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