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Gonzalez v. COMELEC Facts: Petitioner Fernando V. Gonzalez and private respondent Reno G.

. Lim both filed certificates of candidacy for the position of Representative of the 3rd congressional district of the Province of Albay in the May 10, 2010 elections. Petition for Disqualification and Cancellation of Certificate of Candidacy (COC)3 was filed by Stephen Bichara on the ground that Gonzalez is a Spanish national. However, Gonzalez contended that he is deemed a natural-born Filipino citizen under the 1987 Constitution. COMELEC disqualified Gonzalez to be a candidate for the position Member of the House of Representatives. The fact that Gonzalez attended formal schooling and had been previously elected as a public official in this country does not replace the citizenship requirements for a member of Congress. Lim petitioned the Provincial Board of Canvassers (PBOC) to consider the votes cast for Gonzalez as stray or suspend his proclamation, citing the resolution disqualifying Gonzalez as a candidate for the May 10, 2010 elections. This was dismissed. Gonzalez garnered the highest votes in the May 2010 elections while Lim ranked second. The PBOC officially proclaimed Gonzalez as the duly elected Representative of the 3rd district of Albay. Gonzalez took his oath of office. Bichara then filed a Very Urgent Motion to Suspend the Effects of the Proclamation of Gonzalez. Gonzalez filed for reconsideration which was denied by COMELEC for the noncompliance of Gonzalez with the requirements for electing Philippine citizenship under C.A. No. 625. Commission held that the proclamation of Gonzalez by the PBOC was premature and illegal and the motion of Lim to suspend Gonzalez proclamation was granted. Reno G. Lim was proclaimed as duly elected member of the House of Representative of 3rd district of Albay. Issues: 1. W/N the resolution disqualifying Gonzalez is unconstitutional. 2. W/N Gonzalez proclamation was valid 3. W/N the COMELEC has jurisdiction over the issue of Gonzalezs citizenship and the power to suspend proclamation. Held/ Ratio: 1. The Resolution disqualifying Gonzalez and suspending his proclamation is held unconstitutional. Since his disqualification had not yet been final at the time of his proclamation, COMELEC committed grave abuse. 2. Being that Gonzalez garnered the highest number of votes and the Resolution declaring him disqualified was not yet final, his proclamation as Representative of Albay was valid and legal. 3. COMELEC has no jurisdiction over the case. It is said that once a winning candidate has been proclaimed, taken his oath, and assumed office, COMELECs jurisdiction over election contests relating to his election, returns, and qualifications ends, and the HRETs own jurisdiction begins.

WHEREFORE, the petition is GRANTED. The assailed Resolution of the Second Division dated May 8, 2010 and COMELEC En Banc Resolution dated July 23, 2010 in SPA No. 10-074 (DC) are hereby ANNULLED and SET ASIDE. The Petition for Disqualification and Cancellation of Certificate of Candidacy of Fernando V. Gonzalez is DISMISSED, without prejudice to the filing of a proper petition before the House of Representatives Electoral Tribunal raising the same question on the citizenship qualification of Fernando V. Gonzalez.