Atty. Edgardo M.

Villareal II – Constitutional Law I

Limkaichong vs. Commission on Elections (COMELEC)
G.R. No. 178831-3 / April 1, 2009
Justice Diosdado M. Peralta

FACTS:
On March 26, 2007, Limkaichong filed with the COMELEC her Certificate of
Candidacy (COC) for the position of Representative of the First District of Negros Oriental.
In the following weeks, two (2) petitions for her disqualification were instituted before the
COMELEC on the ground that she lacked the citizenship requirement of a Member of the
House of Representatives.
In her separate Answers to the petitions, Limkaichong claimed that she is a natural-born
Filipino since she was born to a naturalized Filipino father. At the time of her birth on
November 9, 1959, nineteen (19) days had already passed after her father took his Oath of
Allegiance on October 21, 1959 and after he was issued a Certificate of Naturalization on
the same day. She contended that the COMELEC should dismiss the petitions outright for
lack of cause of action.
The COMELEC consolidated the two (2) petitions which remained pending when
Limkaichong emerged as the winner in the National and Local Elections. Paras,
Limkaichong’s rival candidate filed with the COMELEC a Very Urgent Motion for Leave to
Intervene and to Suspend the Proclamation of Jocelyn Sy Limkaichong as Winning
Candidate of the First District of Negros Oriental.
In a Joint Resolution dated May 17, 2007, the COMELEC Second Division granted the
petitions in the disqualification cases and directed the Provincial Supervisor of the
COMELEC to strike out Limkaichong’s name from the list of eligible candidates, and for the
Provincial Board of Canvassers (PBOC) to suspend her proclamation.
On May 18, 2007, the COMELEC En Banc issued 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.
On May 20, 2007, Limkaichong filed with the COMELEC a Motion for Reconsideration of the
Joint Resolution of May 17, 2007 and Urgent Motion to Lift the Order Suspending
Proclamation.
On May 22, 2007, Limkaichong filed another motion for the lifting of the directive
suspending her proclamation, insisting that she should be proclaimed as the winner in the
congressional race pursuant to COMELEC Resolution No. 8062.

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On May 25, 2007, the PBOC, in compliance with COMELEC Resolution No. 8062, reconvened
and proclaimed Limkaichong as the duly elected Member of the House of Representatives
for the First District of Negros Oriental.
On June 29, 2007, the COMELEC En Banc, in an equally divided vote of 3:3, denied
Limkaichong’s motion for reconsideration of the Joint Resolution of the COMELEC Second
Division in the disqualification cases.
On July 3, 2007, Limkaichong filed in the disqualification cases against her a Manifestation
and Motion for Clarification and/or To Declare the Petitions as Dismissed in Accordance
with Section 6, Rule 18 of the COMELEC Rules of Procedure.
Despite Limkaichong’s repeated pleas for the resolution of her manifestation and motion
for clarification, the COMELEC did not resolve the same. Hence, on August 1, 2007, she filed
a Petition for Certiorari. (G.R. No. 178831-32)
On August 24, 2007, Louis Biraogo, filed with the Court a Petition for Prohibition and
Injunction with Preliminary Injunction and/or Temporary Restraining Order seeking to
enjoin and permanently prohibit: (a) De Venecia from allowing Limkaichong to sit in the
House of Representatives and participate in all its official activities; and (b) Limkaichong
from holding office as its Member. (G.R. No. 179120)
Meanwhile, Paras has instituted before the Court a Petition for Quo Warranto, Prohibition
and Mandamus with Prayer for the Issuance of a Temporary Restraining Order and/or Writ
of Preliminary Injunction seeking the ouster of Limkaichong from the House of
Representatives on account of her disqualification and for the holding of special elections
to fill the vacancy created by such. (G.R. Nos. 179132-33)
On September 5, 2008, Villando also filed a Petition for Certiorari and Injunction with
Preliminary Injunction and Temporary Restraining Order contending, among others, that
the COMELEC En Banc gravely abused its discretion in issuing the August 16, 2007
Resolution because it still acted on Limchaikong’s manifestation and motion for
clarification, notwithstanding that the same was not set for hearing and considering that its
June 29, 2007 Resolution had already become final and executory. (G.R. Nos. 179240-41)
As the four (4) petitions are interrelated, the Court resolved to consolidate them in its
Resolutions dated September 4 and 11, 2007.
ISSUES:
1. Whether the proclamation of Limkaichong by the Provincial Board of Canvassers of
Negros Oriental is valid;
2. Whether, upon Limkaichong's proclamation, the HRET, instead of the COMELEC, should
assume jurisdiction over the disqualification cases.
3. Whether the COMELEC Second Division and the COMELEC En Banc correctly ruled that
Limkaichong is disqualified from running as a Member of the House of Representatives on
the ground that she is not a natural-born citizen;
4. Whether the COMELEC disqualification of Limkaichong is final and executory; and,

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5. Whether the Speaker of the House of Representatives may be compelled to prohibit
Limkaichong from assuming her duties as a Member of the House of Representatives.
RULING:
1) The proclamation of Limkaichong was valid. The COMELEC Second Division rendered its
Joint Resolution dated May 17, 2007. On May 20, 2007, Limkaichong timely filed with the
COMELEC En Banc her motion for reconsideration as well as for the lifting of the
incorporated directive suspending her proclamation. Since the execution of the May 17,
2007 Joint Resolution was suspended, there was no impediment to the valid proclamation
of Limkaichong as the winner. Section 2, Rule 19 of the COMELEC Rules of Procedure
provides:
“Sec. 2. Period for Filing Motions for Reconsideration.— A motion to reconsider a
decision, resolution, order or ruling of a Division shall be filed within five (5) days from the
promulgation thereof. Such motion, if not pro forma, suspends the execution for
implementation of the decision, resolution, order and ruling.”

2) The Court has invariably held that once a winning candidate has been proclaimed, taken
his oath, and assumed office as a Member of the House of Representatives, the COMELEC’s
jurisdiction over election contests relating to his election, returns, and qualifications 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 the proclamation. The party
questioning his qualification should now present his case in a proper proceeding before the
HRET, the constitutionally mandated tribunal to hear and decide a case involving a Member
of the House of Representatives with respect to the latter’s election, returns and
qualifications. The use of the word “sole” in Section 17, Article VI of the Constitution and in
Section 25062 of the OEC underscores the exclusivity of the Electoral Tribunals’
jurisdiction over election contests relating to its members.63
Section 17, Article VI of the 1987 Constitution provides:
“Sec. 17. The 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. xxx.”
Corollary thereto is Rule 14 of the 1998 Rules of the HRET, as amended, which states:
RULE 14. Jurisdiction. - The Tribunal is the sole judge of all contests relating to the election,
returns, and qualifications of the Members of the House of Representatives.
The COMELEC En Banc, in its Resolution dated August 16, 2007, had given paramount
consideration to the two (2) aforementioned provisions when it stated that:

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In view of the proclamation of Limkaichong and her subsequent assumption of office on
June 30, 2007, this Commission rules that all pending incidents relating to the
qualifications of Limkaichong should now be determined by the House of Representatives
Electoral Tribunal in accordance with the above-quoted provision of the Constitution.
WHEREFORE, premises considered, this Commission resolved, as it hereby resolves, that
all pending incidents relating to the qualifications of Jocelyn S. Limkaichong as Member of
the House of Representatives should now be determined by the House of Representatives
Electoral Tribunal.

3) The Court cannot resolve the matter of Limkaichong’s citizenship as the same should
have been challenged in appropriate proceedings.

4) In resolving this issue, pertinent is the provision of Section 13(b), Rule 18 of the 1993
COMELEC Rules of Procedure:
Sec. 13. Finality of Decisions or Resolutions. – x x x
(b) In Special Actions and Special Cases, a decision or resolution of the Commission en
banc shall become final and executory after five (5) days from its promulgation unless
restrained by the Supreme Court.
The May 17, 2007 Joint Resolution of the COMELEC Second Division disqualifying
Limkaichong and suspending her proclamation cannot yet be implemented considering
that she timely filed a motion for reconsideration. Thus, pursuant to Section 13(c), Rule 18
and Section 2 Rule 19 of the COMELEC Rules of Procedure, the Joint Resolution has not yet
attained finality for it to be implemented.
Notably, the seeming impropriety of the Resolution of the COMELEC En Banc dated June
29, 2007 has since been remedied by the promulgation of its Resolution dated August 16,
2007, recognizing that it no longer has jurisdiction over the disqualification cases following
the valid proclamation of Limkaichong and her assumption of office as a Member of the
House of Representatives.

5) Biraogo's contention was that De Venecia should be stopped from entering

Limkaichong's name in the Roll of Members of the House of Representatives would amount
to an unlawful exercise of his legal authority.
De Venecia argued that the proclamation of Limkaichong had the hallmarks of regularity,
and he had no power to exclude any Member of the House of Representatives motu
proprio. In their Comment on the petition, respondents De Venecia, et al., contended that
the enrollment of a Member in the Roll of Members of the House of Representatives and
his/her recognition as such becomes the ministerial duty of the Secretary General and the

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House of Representatives upon presentation by such Member of a valid Certificate of
Proclamation and Oath of Office.
Respondent Nograles, as De Venecia's, substitute, filed a Memorandum stating that under
the circumstances, the House of Representatives, and its officials, are without recourse
except to honor the validity of the proclamation of Limkaichong until the same is canceled,
revoked or nullified, and to continue to recognize her as the duly elected Representative of
the First District of Negros Oriental until it is ordered by the Supreme Court. He went on to
state that cancellation, revoke or withdrawal of any recognition given to a sitting Member
or to "remove" his name from its roll would amount to a removal of such Member from his
office without due process of law. Verily, it is only after a determination by the appropriate
tribunal (as in this case, the HRET), pursuant to a final and executory order, that the
Member does not have a right to the office that the House of Representatives is directed to
exclude the said Member.
Their contentions are meritorious. The unseating of a Member of the House of
Representatives should be exercised with great caution and after the proper proceedings
for the ouster has been validly completed. For to arbitrarily unseat someone, who obtained
the highest number of votes in the elections, and during the pendency of the proceedings
determining one’s qualification or disqualification, would amount to disenfranchising the
electorate in whom sovereignty resides.

WHEREFORE, premises considered, the petition in G.R. Nos. 178831-32 is GRANTED and

the Joint Resolution of the COMELEC Second Division dated May 17, 2007 in SPA Nos. 07-
247 and 07-248 is REVERSED and SET ASIDE. All the other petitions (G.R. Nos.
179120, 179132-33, 179240-41) are hereby DISMISSED.

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