G.R. No. 192147 - Vilando vs. House of Representatives Electoral Tribunal

Renald F. Vilando, Petitioner, filed a petition for certiorari under Rule 65, Rules of Court.
House of Representatives Electoral Tribunal, Jocelyn Sy Limkaichong, and Hon. Speaker Prospero Nograles, Respondents, were named in the petition.
Jocelyn Sy Limkaichong filed a certificate of candidacy and won the May 14, 2007 elections for Representative of the First District of Negros Oriental.
Comelec Resolution No. 8062 dated May 18, 2007 guided the Provincial Board of Canvassers, which proclaimed Limkaichong on May 25, 2007.
Limkaichong assumed office on July 23, 2007.

Three petitions questioning Limkaichong’s citizenship were filed before the Commission on Elections (COMELEC) by Louis Biraogo (G.R. No. 179120), Olivia Paras (G.R. Nos. 179132-33), and Renald F. Vilando (G.R. Nos. 179240-41).
Those three petitions were consolidated with Limkaichong’s petition for certiorari (G.R. Nos. 178831-32) assailing COMELEC’s Joint Resolution.
On April 1, 2009, this Court granted Limkaichong’s petition, reversed the Joint Resolution of the COMELEC, dismissed the three other petitions, and directed petitioners to seek relief before the HRET by way of a petition for quo warranto.

On April 21, 2009 and May 27, 2009, Renald F. Vilando, as taxpayer, and Jacinto Paras, as registered voter, filed separate quo warranto petitions against Limkaichong before the HRET; the petitions were consolidated.
Petitioners alleged that Limkaichong was a Chinese citizen and therefore ineligible because her father, Julio Sy, had an allegedly defective certificate of naturalization and her mother allegedly acquired Chinese citizenship by marriage.
Petitioners invoked HRET jurisdiction to determine Limkaichong’s citizenship, which would necessarily require inquiry into the validity of Julio Sy’s naturalization.
Limkaichong maintained that she is a natural-born Filipino, that her father’s acquisition of Philippine citizenship was regular and res judicata, and that the validity of the father’s citizenship could not be attacked collaterally in an election case.

On March 24, 2010, the HRET dismissed the quo warranto petitions and declared Limkaichong not disqualified to sit as Member of the House of Representative...(Subscriber-Only)

Whether the petition is moot and academic by reason of Limkaichong’s expired term and the conduct of the 2010 elections.
Whether the exception of cases *capable of repetition, yet evading review* applies to the question of Limkaichong’s citizenship.

Whether the HRET, as the sole judge of contests relating to the election, returns, and qualifications of Members, exceeded its jurisdiction or committed grave abuse of discretion by refusing to adjudicate the validity of Julio Sy’s certificate of naturalization.
Whether a quo warranto petition against Limkaichong may operate as a collateral attack on the naturalization judgment or certificate of her father.

Whether Limkaichong is a natural-born Filipino under the governing citizenship law at her birth.
Whether Limkaichong could derive citizenship from her father if his na...(Subscriber-Only)