Jocelyn Sy Limkaichong v

Comelec G.R. No. 178831-32

Sec 17, Article VI of the Constitution- 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 tribunals
shall be composed of 9 members……

Facts: 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.

Held: 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 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.