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Supreme Court
Manila
EN BANC
JOCELYN SY LIMKAICHONG, G.R. Nos. 178831-32
Petitioner,
- versus -
COMMISSION ON ELECTIONS,
NAPOLEON N. CAMERO and
RENALD F. VILLANDO,
Respondents.
x -------------------------------------------- x
Petitioner,
- versus -
Respondents.
x---------------------------------------------x
OLIVIA P. PARAS,
Petitioner,
- versus - G.R. Nos. 179132-33
Respondents.
x ------------------------------------------- x
RENALD F. VILLANDO,
Petitioner,
Present:
PUNO, C.J.,
QUISUMBING,
YNARES-SANTIAGO,
CARPIO MORALES,
TINGA,
CHICO-NAZARIO,
VELASCO, JR.,
NACHURA,
LEONARDO-DE CASTRO,
BRION, and
PERALTA, JJ.
Promulgated:
April 1, 2009
x-----------------------------------------------------x
DECISION
PERALTA, J.:
Once a winning candidate has been proclaimed, taken his oath, 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 election, returns, and qualifications, and mere
allegation as to the invalidity of her proclamation does not divest the Electoral
Tribunal of its jurisdiction.
At the core of these contentious consolidated petitions are: (1) the Joint
Resolution1[1] of the Commission on Elections (COMELEC) Second Division
dated May 17, 2007, disqualifying Jocelyn D. Sy Limkaichong (Limkaichong) from
running as a congressional candidate for the First District of Negros Oriental; (2) the
COMELEC En Banc Resolution2[2] dated June 29, 2007, affirming her
disqualification; and (3) the COMELEC En Banc Resolution3[3] dated August 16,
2007, resolving that all pending incidents relating to her qualifications should now
be determined by the House of Representatives Electoral Tribunal (HRET).
The facts are uncontroverted. On March 26, 2007, Limkaichong filed with the
COMELEC her Certificate of Candidacy4[4] (COC) for the position of
Representative of the First District of Negros Oriental.
In the following weeks, two (2) petitions for her disqualification were
instituted before the COMELEC by concerned citizens coming from her locality. On
April 4, 2007, Napoleon Camero, a registered voter of La Libertad, Negros Oriental,
filed the petition for her disqualification on the ground that she lacked the citizenship
requirement of a Member of the House of Representatives. The petition, which was
docketed as SPA No. (PES) A07-006,5[5] alleged that she is not a natural-born
Filipino because her parents were Chinese citizens at the time of her birth. On April
11, 2007, Renald F. Villando, also a registered voter of the same locality, filed the
second petition on the same ground of citizenship, docketed as SPA (PES) No. A07-
007.6[6] He claimed that when Limkaichong was born, her parents were still
Chinese citizens as the proceedings for the naturalization of Julio Ong Sy, her father,
never attained finality due to procedural and substantial defects. Both petitions
prayed for the cancellation of Limkaichong's COC and for the COMELEC to strike
out her name from the list of qualified candidates for the Representative of the First
District of Negros Oriental.
The COMELEC consolidated the two (2) petitions and re-docketed them as
SPA Nos. 07-24717[17] and 07-248,18[18] entitled IN THE MATTER OF THE
PETITION TO DISQUALIFY JOCELYN SY LIMKAICHONG FROM HER
CANDIDACY AS FIRST DISTRICT REPRESENTATIVE OF NEGROS ORIENTAL
(herein referred to as the disqualification cases), which remained pending on May
14, 2007, when the National and Local Elections were conducted.
After the casting, counting and canvassing of votes in the said elections,
Limkaichong emerged as the winner with 65,708 votes19[19] or by a margin of
7,746 votes over another congressional candidate, Olivia Paras20[20] (Paras), who
obtained 57,962.
On May 15, 2007, Paras filed with the COMELEC a Very Urgent Motion
for Leave to Intervene and to Suspend the Proclamation of Jocelyn Sy
Limkaichong as Winning Candidate of the First District of Negros
Oriental.21[21]
An examination of the records of Special Case No. 1043 would reveal that
the Office of the Solicitor General was deprived of its participation in all the
stages of the proceedings therein, as required under Commonwealth Act No. 473
or the Revised Naturalization Law and Republic Act No. 530, An Act Making
Additional Provisions for Naturalization.
xxx
The documents presented by petitioners showed that the OSG was not
furnished copies of two material orders of the trial court in the said
proceedings. One was the July 9, 1957 Order granting his petition for
naturalization and the other was the September 21, 1959 Order declaring Julio
Ong Sy as a Filipino citizen.
Moreover, from a perusal of the same page 171 of the OSG logbook, we
have determined that the OSG did not receive a notice for the hearing conducted
by the trial court on July 9, 1959, prior to its issuance of the September 12, 1959
Order declaring Julio Ong Sy as a Filipino citizen.
And as though that was not enough, the hearing prior to the
oathtaking of respondent Tan was conducted without the required
notice to the Solicitor General. It is true, as it appeared later, that
Fiscal Veluz, Jr. was authorized by the Solicitor General to represent
the Government in the hearing of the application for naturalization.
That authority, however, does not extend to Fiscal [Veluzs] right to
appear for the State in the hearing preparatory to the oathtaking.
Private respondent Tan was therefore under legal obligation to serve
copy of his motion to be allowed to take his oath of allegiance as a
Filipino citizen upon the Solicitor General which was not done.
Respondent argues that upon his taking of the Oath of Allegiance, Julio Ong
Sy became a Filipino citizen for all intents and purposes, with all the rights
appurtenant thereto.
This argument does not hold water, as was held by the Supreme Court in
the same case of Republic v. Valero, supra:
Another glaring defect in the said proceedings was the fact that Julio Ong
Sy took his Oath of Allegiance on October 21, 1959, which was exactly thirty
(30) days after his declaration as a naturalized Filipino.
Even granting that the OSG was notified of the September 21, 1959 Order,
this was still one day short of the reglementary period required under Sections 11
and 12 of C.A. No. 473, above-cited.
The thirty-day reglementary period is so required under the law so that the
OSG could make known his objections and to appeal from the order of the trial
court declaring the petitioner a naturalized Filipino citizen. This is also the reason
why a copy of the petitioners motion to take his oath of allegiance has to be
furnished to the OSG.
The respondent insists that naturalization proceedings are in rem and are
binding on the whole world.
She would have been correct had all the necessary parties to the case been
informed of the same. The OSG, being the counsel for the government, has to
participate in all the proceedings so that it could be bound by what has transpired
therein. Lacking the participation of this indispensable party to the same, the
proceedings are null and void and, hence, no rights could arise therefrom.
From all the foregoing, therefore, it could be seen that Julio Ong Sy did
not acquire Filipino citizenship through the naturalization proceedings in
Special Case No. 1043. Thus, he was only able to transmit to his offspring,
Chinese citizenship.
Respondent Jocelyn Sy-Limkaichong being the daughter of Julio Ong Sy,
and having been born on November 9, 1959, under the 1935 Philippine
Constitution, is a Chinese national, and is disqualified to run as First District
Representative of Negros Oriental.
SO ORDERED.23[23]
The PBOC received the Joint Resolution of the COMELEC Second Division
on the evening of May 17, 2007, and accordingly suspended the proclamation of
Limkaichong.24[24]
The following day, or on May 18, 2007, the COMELEC En Banc issued
Resolution No. 806225[25] 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.
On May 20, 2007, Limkaichong filed with the COMELEC a Motion for
Reconsideration of the Joint Resolution of May 17, 2007 and Urgent Motion to
Lift the Order Suspending Proclamation.26[26]
On May 22, 2007, Limkaichong filed another motion for the lifting of the
directive suspending her proclamation, insisting that she should be proclaimed as the
winner in the congressional race pursuant to COMELEC Resolution No.
8062.27[27] On same date, Villando, one of the petitioners in the disqualification
cases, filed an Urgent Manifestation Clarifying COMELEC Resolution No. 8062
with Motion,28[28] praying that the COMELEC should not lift the suspension of
Limkaichongs proclamation.
On May 25, 2007, the PBOC, in compliance with COMELEC Resolution No.
8062, reconvened and proclaimed Limkaichong as the duly elected Member of the
House of Representatives for the First District of Negros Oriental.29[29]
Thereafter, or on May 30, 2007, Paras filed with the COMELEC a Petition to
Nullify and/or Annul the Proclamation of Jocelyn Sy-Limkaichong as First
District Representative of Negros Oriental in relation to the May 17, 2007 Joint
Resolution of the COMELEC Second Division,30[30] stating, among others, that
Limkaichong's proclamation violated the earlier order of the COMELEC Second
Division suspending her proclamation. The petition, docketed as SPC No. 07-211,
was dismissed by the COMELEC First Division,31[31] ratiocinating that the
disqualification cases were not yet final when Limkaichong was proclaimed.
Accordingly, her proclamation which was valid or legal, effectively divested the
COMELEC of its jurisdiction over the cases. The COMELEC First Division
explained its ruling in this wise:
The Commission has made its intention in issuing Resolution No. 8062
very clear in that there shall be no suspension of proclamation of winning
candidates with pending disqualification cases involving, among others, issues
of citizenship. As the disqualification cases involving Limkaichong were still
pending reconsideration by the en banc, the underlying policy which gave rise to
the issuance of the Resolution: to respect the will of the Filipino electorate, applies
to the suspension of proclamation of the winning congressional candidate for the
First District of Negros Oriental.
Anent the issue of jurisdiction, We rule that the Commission has jurisdiction
to rule on Respondent Limkaichongs Motion for Reconsideration notwithstanding
her proclamation as it is only this Commission, and not the House of
Representatives Electoral Tribunal (HRET), which has jurisdiction to review
resolutions or decisions of the COMELEC, whether issued by a division or en banc.
As stated by the Supreme Court in the leading case of Codilla v. De Venecia, G.R.
No. 150605, December 10, 2002, respondent herself seasonably challenged the
validity of the resolution of the Second Division in her motion for reconsideration.
Hence, the issue of respondents disqualification was still within the exclusive
jurisdiction of the Comelec En Banc to resolve, and HRET cannot assume
jurisdiction on the matter, to wit:
To stress again, at the time of the proclamation of respondent
Locsin, the validity of the Resolution of the COMELEC Second
Division was seasonably challenged by the petitioner in his Motion
for Reconsideration. The issue was still within the exclusive
jurisdiction of the Comelec En Banc to resolve. Hence, the HRET
cannot assume jurisdiction over the matter.
xxx
The Opposition to the Motion for Reconsideration with Partial Motion for
Reconsideration filed by Intervenor Olivia P. Paras praying that she be proclaimed
as the winning candidate for the First District Representative of Negros Oriental is
hereby denied for lack of merit.
SO ORDERED.34[34]
On July 3, 2007, Limkaichong filed in the disqualification cases against her a
Manifestation and Motion for Clarification and/or To Declare the Petitions as
Dismissed in Accordance with Section 6, Rule 18 of the COMELEC Rules of
Procedure.35[35] She contended that, with her proclamation, her having taken her
oath of office and her assumption of the position, the COMELEC was divested of
jurisdiction to hear the disqualification cases. She further contended that, following
Section 6,36[36] Rule 18 of the COMELEC Rules of Procedure, the disqualification
cases would have to be reheard, and if on rehearing, no decision would be reached,
the action or proceedings should be dismissed, because the COMELEC En Banc was
equally divided in opinion when it resolved her motion for reconsideration.
On September 5, 2008, Villando also filed with this Court a Petition for
Certiorari and Injunction with Preliminary Injunction and Temporary
Restraining Order48[48] under Rule 65 of the 1997 Rules of Civil Procedure,
docketed as G.R. Nos. 179240-41, contending, among others, that the COMELEC
En Banc gravely abused its discretion in issuing the August 16, 2007
Resolution49[49] because it still acted on Limchaikongs manifestation and motion
for clarification, notwithstanding that the same was not set for hearing and
considering that its June 29, 2007 Resolution had already become final and
executory.
As the four (4) petitions are interrelated, the Court resolved to consolidate
them in its Resolutions dated September 4 and 11, 2007.
The Court heard the parties in oral argument on August 26, 2008, during
which the following issues were tackled:
On same day, the Court required the parties to simultaneously file within
twenty (20) days their respective memoranda, after which the petitions shall be
deemed submitted for resolution, with or without the memoranda.
When Limkaichong filed her COC, she stated therein that she is a natural-born
Filipino citizen. It was not true, according to the petitioners in the disqualification
cases, because her father remained a Chinese citizen at the time of her birth. The
COMELEC Second Division has sided with Camero and Villando, and disqualified
Limkaichong to run as a congressional candidate in the First District of Negros
Oriental for having failed to comply with the citizenship requirement. Accordingly,
her proclamation was ordered suspended notwithstanding that she obtained the
highest number of votes during the elections. Nonetheless, she was proclaimed by
the PBOC pursuant to the policy guidelines of COMELEC En Banc Resolution No.
8062, and she has since assumed her position and performed her functions as a
Member of the House of Representatives.
A perusal of the arguments advanced by Paras and the OSG does not sway the
Court to rule against the validity of Limkaichongs proclamation. No less than the
COMELEC First Division has sustained the validity of her proclamation when it
dismissed, by way of a Resolution dated June 29, 2007, the petition filed by Paras to
nullify the proclamation. Not only that. The COMELEC First Division has also
adopted Limkaichongs argument that following her valid proclamation, the
COMELECs jurisdiction over the disqualification cases has ceased and that the same
should be threshed out in the proper proceedings filed before the HRET. Notably,
the dismissal of Paras petition was affirmed by the COMELEC in its Omnibus Order
dated January 28, 2008.
The Court has held in the case of Planas v. COMELEC,60[60] that at the time
of the proclamation of Defensor, the respondent therein who garnered the highest
number of votes, the Division Resolution invalidating his certificate of candidacy
was not yet final. As such, his proclamation was valid or legal, as he had at that point
in time remained qualified. Limkaichongs situation is no different from that of
Defensor, the former having been disqualified by a Division Resolution on the basis
of her not being a natural-born Filipino citizen. When she was proclaimed by the
PBOC, she was the winner during the elections for obtaining the highest number of
votes, and at that time, the Division Resolution disqualifying her has not yet became
final as a result of the motion for reconsideration.
II
Biraogo, on the other hand, believed otherwise. He argued (in G.R. No.
179120) that the issue concerning Limkaichongs disqualification is still within the
exclusive jurisdiction of the COMELEC En Banc to resolve because when
Limkaichong was proclaimed on May 25, 2007, the matter was still pending
resolution before the COMELEC En Banc.
We do not agree. 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.61[61] 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 latter's election, returns and qualifications. The
use of the word sole in Section 17, Article VI of the Constitution and in Section
25062[62] of the OEC underscores the exclusivity of the Electoral Tribunals'
jurisdiction over election contests relating to its members.63[63]
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. Each
Electoral Tribunal shall be composed of nine Members, three of whom shall be
Justices of the Supreme Court to be designated by the Chief Justice, and the
remaining six shall be Members of the Senate or the House of Representatives, as
the case may be, who shall be chosen on the basis of proportional representation
from the political parties and the parties or organizations registered under the party-
list system represented therein. The senior Justice in the Electoral Tribunal shall be
its Chairman.
Corollary thereto is Rule 14 of the 1998 Rules of the HRET, as
amended, which states:
RULE 14. Jurisdiction. - The Tribunal is the sole judge of all contests
relating to the election, returns, and qualifications of the Members of the House
of Representatives.
The COMELEC En Banc, in its Resolution dated August 16, 2007, had given
paramount consideration to the two (2) aforementioned provisions when it stated
that:
Worth citing also is the ratiocination of the COMELEC First Division when
it dismissed the petition of Paras seeking the nullity of Limkaichong's proclamation,
thus:
The present situation is similar not to the factual circumstances of Codilla,
which Paras invokes, but rather to that in Planas which adheres to the general rule
giving jurisdiction to the House of Representatives Electoral Tribunal. As at the
time of Limkaichong's proclamation, her disqualification was not yet final, her
proclamation was valid or legal. This Commission no longer has jurisdiction over
the case. This, notwithstanding the Second Division's directive suspending
Limkaichong's proclamation.
The Commission has made its intention in issuing Resolution No. 8062 very
clear in that there shall be no suspension of proclamation of winning candidates
with pending disqualification cases, involving, among others, issues of citizenship.
As the disqualification cases involving Limkaichong were still pending
reconsideration by the En Banc, the underlying policy which gave rise to the
issuance of the resolution: to respect the will of the Filipino electorate, applies to
the suspension of proclamation of the winning Congressional candidate for the First
District of Negros Oriental.
SO ORDERED.
The fact that the proclamation of the winning candidate, as in this case, was
alleged to have been tainted with irregularity does not divest the HRET of its
jurisdiction.64[64] The Court has shed light on this in the case of Vinzons-
Chato,65[65] to the effect that:
In the present case, it is not disputed that respondent Unico has already been
proclaimed and taken his oath of office as a Member of the House of
Representatives (Thirteenth Congress); hence, the COMELEC correctly ruled that
it had already lost jurisdiction over petitioner Chato's petition. The issues raised by
petitioner Chato essentially relate to the canvassing of returns and alleged invalidity
of respondent Unico's proclamation. These are matters that are best addressed to the
sound judgment and discretion of the HRET. Significantly, the allegation that
respondent Unico's proclamation is null and void does not divest the HRET of its
jurisdiction:
In fine, any allegations as to the invalidity of the proclamation will not prevent
the HRET from assuming jurisdiction over all matters essential to a members
qualification to sit in the House of Representatives.
The 1998 HRET Rules, as amended, provide for the manner of filing either an
election protest or a petition for quo warranto against a Member of the House of
Representatives, to wit:
xxx
Rule 17. Quo Warranto. -- A verified petition for quo warranto contesting
the election of a Member of the House of Representatives on the ground of
ineligibility or of disloyalty to the Republic of the Philippines shall be filed by any
voter within ten (10) days after the proclamation of the winner. The party filing the
petition shall be designated as the petitioner while the adverse party shall be known
as the respondent.
xxx
The PBOC proclaimed Limkaichong as the winner on May 25, 2007. Thus,
petitioners (in G.R. Nos. 179120, 179132-33, and 179240-41) should have filed
either an election protest or petition for quo warranto within ten days from May 25,
2007. But they did not. In fact, to date, no petition of protest or petition for quo
warranto has been filed with the HRET. Verily, the ten-day prescriptive period for
initiating a contest against Limkaichong has long expired.
However, the said ten-day prescriptive period under the 1998 HRET Rules
does not apply to disqualification cases based on citizenship. Under the 1987
Constitution, Members of the House of Representatives must be natural-born
citizens not only at the time of their election but during their entire tenure.
Being a continuing requirement, one who assails a member's citizenship or lack of
it may still question the same at any time, the ten-day prescriptive period
notwithstanding.
The argument that the petition filed with the Commission on Elections
should be dismissed for tardiness is not well-taken. The herein private respondents
are seeking to prevent Frivaldo from continuing to discharge his office as governor
because he is disqualified from doing so as a foreigner. Qualifications for public
office are continuing requirements and must be possessed not only at the time
of appointment or election or assumption of office but during the officers
entire tenure. Once any of the required qualifications is lost, his title may be
seasonably challenged. If, say, a female legislator were to marry a foreigner
during her term and by her act or omission acquires his nationality, would she
have the right to remain in office simply because the challenge to her title may
not longer be made within ten days from her proclamation? x x x
This Court will not permit the anomaly of a person sitting as provincial
governor in this country while owing exclusive allegiance to another country.
The fact that he was elected by the people of Sorsogon does not excuse this patent
violation of the salutary rule limiting public office and employment only to the
citizens of this country. The qualifications prescribed for elective office cannot be
erased by the electorate alone. The will of the people as expressed through the
ballot cannot cure the vice of ineligibility, especially if they mistakenly
believed, as in this case, that the candidate was qualified. Obviously, this rule
requires strict application when the deficiency is lack of citizenship. If a person
seeks to serve in the Republic of the Philippines, he must owe his total loyalty to
this country alone, abjuring and renouncing all fealty to any other state.
III
Whether the COMELEC Second Division and the COMELEC En Banc correctly
disqualified Limkaichong on the ground that she is not a natural-born Filipino
citizen.