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Case Digest

Jocelyn Sy Limkaichong ran for Representative in the first district of Negros Oriental. Her opponent Olivia Paras filed a disqualification case against Limkaichong, alleging that she was not a natural born citizen. COMELEC declared Limkaichong disqualified but still proclaimed her the winner per Resolution 8062. Paras contested the proclamation. The issues were whether COMELEC's proclamation was valid and whether it still had jurisdiction. The Supreme Court ruled that the proclamation was valid, and that once a candidate is proclaimed, COMELEC's jurisdiction ends and jurisdiction shifts to the House of Representatives Electoral Tribunal.

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Agie Marquez
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184 views1 page

Case Digest

Jocelyn Sy Limkaichong ran for Representative in the first district of Negros Oriental. Her opponent Olivia Paras filed a disqualification case against Limkaichong, alleging that she was not a natural born citizen. COMELEC declared Limkaichong disqualified but still proclaimed her the winner per Resolution 8062. Paras contested the proclamation. The issues were whether COMELEC's proclamation was valid and whether it still had jurisdiction. The Supreme Court ruled that the proclamation was valid, and that once a candidate is proclaimed, COMELEC's jurisdiction ends and jurisdiction shifts to the House of Representatives Electoral Tribunal.

Uploaded by

Agie Marquez
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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GR No.

178831-32, 30 July 2009


Jocelyn Sy Limkaichong vs COMELEC

- Camille Anne D. Marquez

Fact:

Limkaichong ran as a Representative in the first district of Negros Oriental. Her


rival Olivia Paras, and some other concerned citizens filed a disqualification case
against Limkaichong. The latter allegedly not a natural born citizen of the Philippines
because when she was born, her father was still a Chinese and that her mom, though
Filipino, lost her citizenship by virtue of her marriage to Limkaichong’s dad.

During the pendency of the case, election day came, and votes were cast.
Results came in and Limkaichong won over Paras. COMELEC after due hearing,
declared Limkaichong as disqualified. Notwithstanding their proclamation of
disqualification, COMELEC issued a proclamation declaring Limkaichong as the
winner. This is in compliance with Resolution no. 8062 adopting the disqualification
cases which shall be without prejudice to the continuation of the hearing and resolution
of the involved cases. Paras countered the proclamation, filed a petition before the
COMELEC.

Issue:

WON the proclamation done by the Comelec is valid, and WON Comelec
should still exercise jurisdiction over the matter.

Ruling:

Yes.

The proclamation of Limkaichong is valid. the HRET must exercise jurisdiction


after Limkaichong’s proclamation. The SC has invariably held once a winning
candidate has been proclaimed, taken his oath and assumed office as a member of
the House of Rep., the COMELEC’s jurisdiction over election contests relating to his
election, returns, and disqualification ends and the HRET’s own jurisdiction begins. 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 proclamation. The party
questioning his qualification should now present his case in a proper proceeding
before the House of Representatives Electoral Tribunal (HRET). The use of the word
“sole” in Sec.17 Art. VI of the Constitution and in Sec. 250 of the Omnibus Election
Code underscores the exclusivity of the electoral tribunal’s jurisdiction over election
contest relating to its members.

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