Limkaichong v.

COMELEC
GR No. 178831-32, July 30, 2009

FACTS:
Limkaichong ran in the first district of Negros Oriental as a Representative. Olivia Paras, her
rival, and other citizens filed a disqualification case against Limkaichong given that she was
alleged that she was not a natural born Filipino citizen given the fact that her father was still a
Chinese Citizen although her Mom was a Filipino but lost her citizenship by virtue of her
marriage to Limkaichong’s father. Election Day arrived and votes were cast with the case still
pending. Limkaichong won over Paras. After due hearing, the Comelec declared that
Limkaichong was disqualified. Notwithstanding their proclamation of disqualification, The
Comelec issued a proclamation declaring Limkaichong as the winner. In compliance with
Resolution No. 8062 adopting the disqualification cases which shall be without prejudice to the
continuation of the hearing and the resolution of the involved cases. Paras countered the
proclamation and filed a petition before the Comelec.

ISSUE:
The Comelec ended its jurisdiction after the proclamation of the election.

RULING:
As amended, the 1998 HRET Rules provide for the manner of filing either a protest or a petition
for “qou warranto” against a Member of The House of Representatives. Decision was, they ruled
that the ten-day prescriptive period under the 1998 HRET Rules does not apply to the
disqualification based on citizenship because qualifications for public offices are continuing
requirements and must be possessed not only at the time of appoint or election or assumption of
office but during the officer’s entire tenure. Accordingly, the 1987 Constitution requires that
Member of the House of Representatives must be natural-born citizens not only at the time of
their election but during their entire tenure.