Limkaichong vs comelec

Jocelyn sy Limkaichong filed her certificate of candidacy for the position of congressman of first
district of negros oriental. Two petitions for disqualification were filed against her because she is
not a citizen of the Philippines. She claimed however that she is a citizen of the Philippines
because she was born to a naturalized Filipino Father and a filipino mother, who reacquired her
status due to her husbands ( referring to the father of limkaichong)naturalization. On election
day, these petitions remained pending. Limkaichong emerged as a winner. Comelec second
division disqualified her as a candidate and instructed the provincial supervisor to suspend her
proclamation. the Comelec en banc however issued a resolution adopting the guidelines of not
suspending the proclamation of winning candidates with pending disqualification. Thus,
limkaichong was declared as an elected member of the House of Representatives.

Issue:

WON the House of Representatives electoral tribunal shall assume jurisdiction in lieu of comelec
over the issue on limkaichong's citizenship?

HELD:

Yes. Once a winning candidate has been proclaimed, taken his oath and assumed office as
member of the house of represntatives, the COMELEC's jurisdiction over elextion contests
relating to election returns and qualification ends and HrETs own jurisdiction begins. In this
case, limkaichong was already proclaimed as the winner thus, COMELEC loses its jurisdiction
and her disqualification case now lies to the HREt.

ISSUE:

WON the speaker of the House of Representatives may be compelled to prohibit LImkaichong to
assume her duties as a member of the House of Representatives

HELD:

No. The enrollment of a member in he house of representatives is a ministerial duty of the

secretary general and house of representatives upon presentation by such member of a valid
certificate of proclamation and oath of office. Under the circumstances, the house of
representative and ifs officials are with recourse except to honor the validity of the proclamation
of Limkaichong unless cancelled, revoked or nullified with due process of law. Only upon
determination of the HRet pursuant to a final and executory order that The house of
representatives may exclude limkaichong as a member of the house.
Note:
only the state through its representatives may question the illegality and invalidity of the
procured certificate of naturalization in the appropriate denaturalization proceeding and it is not a
matter that may be raised by private persons in an election case.