Limkaichong v. COMELEC G.R.

178831-32 April 1, 2009

FACTS Limkaichong rans as a representative in the 1st district of Negros Oriental, with Paras as her rival. Paras, together with other concerned citizens, filed a disqualification case against Limkaichong. They alleged that she was not a natural born citizen of teh Philippines because when she was born, her father was still a Chinese, although her mom was a Filipino, also lost her citizenship by virtue of marriage. When the case was still pending in the Commission on Elections (COMELEC), election still continued and votes were casted. The results showed that Limkaichong won over her rival, Paras. COMELEC, after due hearing declared Limkaichong disqualified, at about 2 days after the counting of votes. On the following days however, notwithstanding their proclamation discqualifying Limkaichong, the COMELEC issued a proclamation announcing Limkaichong as the winner of the conducted elections. This is in compliance with Resolution No. 8062 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. Paras then petitioned before the COMELEC, regarding its proclamation. Limkaichong, on the other hand argued that the Commission had already proclaimed her as winner, and with that, COMELEC could no longer exercise jurisdiction over the matter. It should be the House of Representatives Electoral Tribunal (HRET) which should exercise jurisdiction from then on, not the COMELEC. And the COMELEC agreed. ISSUE When does the jursidiction of the COMELEC end and when does the jurisdiction of the HRET begin? HELD In Limkaichong's case, the HRET must exercise jurisdiction after Limkaichong's proclamation. The Supreme Court has invariably held that once a winning candidate has been proclaimed, taken oath, and assumed office as a Member of the House of Representatives (HOR), the COMELEC's jurisdiction over election contests relating to his election, returns, and disqualification ends. With that, the HRET's own jurisdiciton begins. It follows 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 COMELEC's proclamation should now present his case before the HRET, which is the constitutionally mandated tribunal to hear and decide a case involving a Member of the House of Representatives. Under Section 17 of Article VI of the Constitution and Section 250 of the OEC

underscores, the word "sole" is used to emphasize the exclusivity of the Electoral Tribunal's jurisdiction over election contests relating to its members.