CO vs HOUSE OF REPRESENTATIVES ELECTORAL TRIBUNAL

GR Nos. 92191-92
July 30, 1991

FACTS: On May 11, 1987, the congressional election of Northern Samar was held. Among the
candidate is herein respondent Jose Ong, Jr. Respondent Ong was proclaimed the duly elected
representative of the second district of Northern Samar. Petitioners questioned the citizenship of
respondent Ong since Ongs father was only a naturalized Filipino citizen and questioned Ongs
residence qualification since Ong does not own any property in Samar.

ISSUE:
1. Whether or not the decision of HRET is appealable;
2. Whether or not respondent is a citizen of the Philippines; and
3. Whether or not Ong is a resident of Samar.

HELD:
1. Yes. The Constitution explicitly provides that the House of Representatives Electoral Tribunal
(HRET) and the Senate Electoral Tribunal (SET) shall be the sole judges of all contests relating
to the election, returns, and qualifications of their respective members. In the case at bar, the
Court finds no improvident use of power, no denial of due process on the part of the HRET
which will necessitate the exercise of the power of judicial review by the Supreme Court.
2. Yes. On April 28, 1955, Jose Ong Chuan, respondents father, an immigrant from China was
declared a Filipino citizen by the CFI of Samar. At the time Jose Ong Chuan took his oath, the
private respondent then is a minor of nine years, was finishing his elementary education in the
province of Samar. Hence, there is no ground to deny the Filipino citizenship of respondent
Ong. Respondent Ong was also born of a natural-born Filipino mother, thus the issue of
citizenship is immaterial.
3. Yes. The framers of the Constitution adhered to the earlier definition given to the word
residence which regarded it as having the same meaning as domicile. The domicile of origin of
the private respondent, which was the domicile of his parents, is fixed at Laoang, Samar.
Contrary to the petitioners' imputation, Jose Ong, Jr. never abandoned said domicile; it
remained fixed therein even up to the present. Hence, the residency of respondent Ong has
sufficiently proved.