Case Summary (G.R. No. 178831-32)
Petitioners and Respondents
Petitioners before the Supreme Court:
• Jocelyn Sy Limkaichong (certiorari under Rule 65)
• Louis C. Biraogo (prohibition and injunction)
• Olivia P. Paras (quo warranto, prohibition, mandamus)
• Renald F. Villando (certiorari and injunction)
Respondents: COMELEC (Second Division and En Banc), Speaker of the House (Hon. Prospero Nograles), House officials, and Limkaichong (as respondent in some petitions).
Key Dates
• March 26, 2007 – Limkaichong filed her Certificate of Candidacy.
• April 4 & 11, 2007 – Camero and Villando filed disqualification petitions before COMELEC.
• May 14, 2007 – National and Local Elections; Limkaichong topped the vote.
• May 17, 2007 – COMELEC Second Division Joint Resolution disqualifying Limkaichong and suspending proclamation.
• May 18, 2007 – COMELEC En Banc Resolution No. 8062 established policy of not suspending proclamations with pending disqualification cases.
• May 25, 2007 – Provincial Board of Canvassers validly proclaimed Limkaichong.
• June 29, 2007 – COMELEC En Banc denied reconsideration of the Second Division resolution (equally divided vote).
• July 23, 2007 – Limkaichong assumed office as Member of the House of Representatives.
• August 16, 2007 – COMELEC En Banc resolved that all pending qualification incidents be transferred to the HRET.
• August–September 2007 – Various petitions filed in the Supreme Court challenging COMELEC resolutions and Limkaichong’s seating.
Applicable Law
• 1987 Philippine Constitution, Article VI, Section 6 (qualifications of House members) and Section 17 (sole jurisdiction of Electoral Tribunals).
• Article IX-C, Section 2(2) (COMELEC’s exclusive original jurisdiction over contests).
• Omnibus Election Code (OEC) Sections 74, 78, 241, 243, and Section 250 (jurisdiction over election contests).
• Commonwealth Act No. 473 (Revised Naturalization Law) Section 18 (proper denaturalization proceedings).
• Republic Act No. 6646 Section 6 (effect of disqualification).
• COMELEC Rules of Procedure: Rule 19(2) (effect of motions for reconsideration) and Rule 18(13) (finality of en banc resolutions).
• COMELEC Resolution No. 8062 (policy-guidelines on proclamations with pending disqualification cases).
Factual Background
Limkaichong filed her candidacy for Negros Oriental’s First District. Camero and Villando challenged her natural-born Filipino status, alleging her father’s naturalization was defective. Limkaichong maintained her father had been naturalized 19 days before her birth in November 1959. COMELEC consolidated and heard the petitions but did not resolve them before election day.
COMELEC Disqualification Proceedings
The Second Division, on May 17, 2007, ruled that Limkaichong’s father’s naturalization was void for lack of required participation by the Office of the Solicitor General and failure to observe the 30-day reglementary period. It disqualified her and directed suspension of her proclamation. Limkaichong timely moved for reconsideration, suspending execution of that resolution under COMELEC Rule 19(2).
Proclamation and Jurisdictional Issues
COMELEC En Banc Resolution No. 8062 established that winning candidates with pending disqualification cases would nonetheless be proclaimed, without prejudice to continued hearings. Pursuant to that policy and the suspended Division resolution, Limkaichong was proclaimed on May 25, 2007. She later took her oath and assumed office on June 30, 2007.
COMELEC En Banc Resolutions and Motions
June 29, 2007 – The En Banc, equally divided, denied Limkaichong’s motion for reconsideration, affirming her disqualification but refusing to suspend her proclamation under Resolution 8062. July 3, 2007 – Limkaichong filed a manifestation and motion for clarification, arguing that proclamation divested COMELEC of jurisdiction and that her case should be dismissed for lack of a majority. COMELEC did not resolve this motion until August 16, 2007, when it ruled that all pending qualification incidents must be determined by the HRET.
Assumption of Office and Jurisdiction Transfer
Upon valid proclamation, oath-taking, and assumption of duties, COMELEC’s jurisdiction over Limkaichong’s election contest ceased, and jurisdiction vested exclusively in the HRET under the Constitution (Art. VI, Sec. 17) and OEC Section 250. Any challenge to her qualifications must be brought by appropriate petition (election protest or quo warranto) before the HRET.
Related Petitions before the Supreme Court
Limkaichong filed certiorari petitions (G.R. Nos. 178831-32) assailing the Second Division and En Banc resolutions for grave abuse of discretion. Biraogo sought prohibition and injunction to oust her. Paras filed quo warranto, prohibition, and mandamus to unseat her and call special elections. Villando filed certiorari and injunction petitions against COMELEC’s August 16, 2007 determination. The petitions were consolidated for oral argument.
Issues Presented
- Validity of Limkaichong’s proclamation despite the Division’s disqualification order.
- Whether that proclamation divested COMELEC of jurisdiction over her qualifications.
- Whether the HRET should assume jurisdiction in lieu of COMELEC.
- The correctness of COMELEC’s disqualification ruling on natural-born citizenship.
- Finality and executory nature of COMELEC resolutions.
- Whether the House Speaker may be compelled to bar Limkaichong from assuming her congressional duties.
Constitutional and Legal Provisions
• House Members must be natural-born citizens, at least 25 years old, able to read and write, and residents of their district (1987 Constitution, Art. VI, Sec. 6).
• COMELEC has exclusive original jurisdiction over election contests involving elective local, city, provincial, and congressional officials (Art. IX-C, Sec. 2(2)).
• Electoral Tribunals are the sole judges of contests relating to their Members (Art. VI, Sec. 17).
• A timely motion for reconsideration suspends execution of a Division decision (COMELEC Rule 19(2)).
• Administrative policy-guidelines need not comply with for
Case Syllabus (G.R. No. 178831-32)
Procedural Background
- Four related petitions were filed before the Supreme Court contesting both COMELEC resolutions and Limkaichong’s proclamation as Representative of the First District of Negros Oriental.
- The petitions were consolidated under G.R. Nos. 178831-32 (Limkaichong vs. COMELEC et al.), G.R. No. 179120 (Biraogo vs. Speaker Nograles and Limkaichong), G.R. Nos. 179132-33 (Paras vs. Speaker and COMELEC), and G.R. Nos. 179240-41 (Villando vs. COMELEC).
- Oral arguments were heard on August 26, 2008, after which the cases were deemed submitted upon filing of memoranda.
Facts of the Case
- March 26, 2007: Jocelyn Sy Limkaichong filed her Certificate of Candidacy (COC) for Representative, First District, Negros Oriental.
- Early April 2007: Napoleon Camero and Renald Villando each filed petitions with COMELEC Second Division, alleging Limkaichong was not a natural-born Filipino because her father’s naturalization was void.
- May 14, 2007: National and local elections were held; Limkaichong received 65,708 votes, defeating Olivia Paras.
- May 17, 2007: COMELEC Second Division issued a Joint Resolution disqualifying Limkaichong and suspending her proclamation.
- May 18, 2007: COMELEC en banc adopted Resolution No. 8062, directing that winning candidates with pending disqualification cases be proclaimed without prejudice to ongoing hearings.
- May 25, 2007: Provincial Board of Canvassers proclaimed Limkaichong as duly elected.
- June 29, 2007: COMELEC en banc, in a 3–3 vote, denied Limkaichong’s motion for reconsideration of the May 17 decision.
- July 23, 2007: Limkaichong officially assumed office in the House.
- August 16, 2007: COMELEC en banc ruled that, following her proclamation and assumption of office, all remaining qualification incidents belong to the House of Representatives Electoral Tribunal (HRET).
Issues Presented
- Was Limkaichong’s proclamation valid despite the Second Division’s suspension order?
- Did her proclamation divest COMELEC of jurisdiction over her qualifications and vest it in the HRET?
- Were the COMELEC rulings disqualifying her for lack of natural-born citizenship correct?
- Had those rulings become final and executory?
- Could the Speaker of the House be compelled to bar Limkaichong from sitting?
COMELEC Second Division Ruling (May 17, 2007)
- Held tha