Limkaichong stays - Supreme Court

MANILA, Philippines - The Supreme Court (SC) yesterday upheld the proclamation of Negros Oriental first district Rep. Jocelyn Limkaichong and dismissed all three electoral complaints over her citizenship for lack of jurisdiction.

Voting 12-1, the High Court ruled that it was not the proper forum to determine whether or not Limkaichong is a natural-born Filipino   citizen – the main issue in petitions seeking nullification of proclamation of the lady solon in the 2007 polls filed by businessman Louis Biraogo, concerned citizen Renald Villando and her rival Olivia Paras.

In the 37-page decision penned by Associate Justice Diosdado Peralta, the Court said that questions concerning qualifications of representatives should be filed with the House of Representatives Electoral Tribunal (HRET), but it did not remand the case to the latter.

In upholding the proclamation of Limkaichong on May 25, 2007, the SC also did not rule on the resolution of the Commission on Elections

(Comelec) favoring the lady solon’s disqualification.

The high tribunal only said that the Comelec did not have jurisdiction on the case and granted the petition of the congressman and set aside the joint resolution issued by the Comelec Second Division on May 17, 2007 disqualifying her as a candidate for a congressional seat in Negros Oriental.

“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,” stated the decision.

The SC further explained that Limkaichong timely filed with the Comelec her motion for reconsideration as well as for the lifting of the directive suspending her proclamation, which in effect suspended the implementation of the May 17, 2007 joint resolution.

The validity of Limkaichong’s proclamation, added the Court, is also in accordance with Comelec Resolution No. 8062 issued on May 18, 2007, which adopted the policy-guideline 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.

Associate Justice Prebisterio Velasco Jr. dissented. He believes the Comelec resolution disqualifying Limkaichong was final and executory since she failed to file an appeal within 10 days before the HRET.

But the other 12 other justices ruled that the 10-day rule to file an appeal with the HRET on the Comelec decision does not apply in Limkaichong’s case, which involved citizenship issue that is “a continuing requirement.”

Also, the SC did not give credence to the arguments of the petitioners who sought the implementation of the Comelec’s May 17 resolution.

The petitioners argued that the HRET cannot acquire jurisdiction over Limkaichong’s case since her proclamation was tainted with irregularity.

But the Court held that “any allegations as to the invalidity of the proclamation will not prevent the HRET from assuming jurisdiction over all matters essential to a member’s qualification to sit in the House of Representatives.”

The Court noted that even after Limkaichong’s proclamation, the petitioners failed to file an election protest before the HRET within the required 10-day period.

However, Limkaichong’s rival may still question her proclamation despite the lapse of the prescriptive period as the Court noted that under the 1998 HRET rules, the 10-day period does not apply to disqualification cases based on citizenship.

“Members of the House of Representatives must be natural-born citizens not only at the time of their election but during their entire tenure.

Being a continuing requirement, one who assails a member’s citizenship or lack of it may still question the same at any time, the ten-day prescriptive period notwithstanding,” the Court said.

On the other hand, questions on the citizenship of Limkaichong’s father, according to the Court, may be brought before the proper court in accordance with Section 18 of Commonwealth Act No. 473.

Limkaichong ran for the position of representative of the 1st district of Negros Oriental under the banner of the administration Lakas- CMD party in 2007.

She won by 7,746 votes over her next rival, Olivia Paras, wife of former Rep. Jacinto Paras. The third placer, former congressman Jerome Paras, lost by about 40,000 votes.

Limkaichong had repeatedly insisted that she is a natural-born Filipino citizen since at the time of her birth on Nov. 9, 1959, her father was already a naturalized Filipino citizen.

The 1987 Constitution requires that candidates for Congress should be natural-born Filipino citizens.

The Comelec on May 17, 2007 ruled that Limkaichong is not a natural-born Filipino since her father, Julio Ong Sy, failed to acquire Filipino citizenship.

Early 2009, the controversial citizenship case triggered rumors of impeachment moves against Chief Justice Reynato Puno, whom Biraogo accused of sitting on the case. Biraogo obtained a leaked copy of the draft ruling dated July 15, 2008.

The SC last February found that retired Associate Justice Ruben Reyes was responsible for the leak.