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    Limkaichong Vs

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    Oscar E Valero
    Limkaichong ran for representative in Negros Oriental and was declared the winner, however a case was filed claiming she was not qualified to run. During the case, COMELEC declared her disqualified but also proclaimed her the winner due to existing guidelines. Limkaichong argued COMELEC no longer had jurisdiction. The Supreme Court ruled that COMELEC's proclamation of Limkaichong was valid because a reconsideration motion suspended the disqualification ruling. The Court also held that once proclaimed, jurisdiction shifts to HRET, so the case should now be heard by HRET since it has sole jurisdiction over sitting members of Congress.

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    Limkaichong Vs

    Uploaded by

    Oscar E Valero
    152 views2 pages
    Limkaichong ran for representative in Negros Oriental and was declared the winner, however a case was filed claiming she was not qualified to run. During the case, COMELEC declared her disqualified but also proclaimed her the winner due to existing guidelines. Limkaichong argued COMELEC no longer had jurisdiction. The Supreme Court ruled that COMELEC's proclamation of Limkaichong was valid because a reconsideration motion suspended the disqualification ruling. The Court also held that once proclaimed, jurisdiction shifts to HRET, so the case should now be heard by HRET since it has sole jurisdiction over sitting members of Congress.

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    case digest

    Original Title

    29. Limkaichong Vs

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    Limkaichong ran for representative in Negros Oriental and was declared the winner, however a case was filed claiming she was not qualified to run. During the case, COMELEC declared her disqualified but also proclaimed her the winner due to existing guidelines. Limkaichong argued COMELEC no longer had jurisdiction. The Supreme Court ruled that COMELEC's proclamation of Limkaichong was valid because a reconsideration motion suspended the disqualification ruling. The Court also held that once proclaimed, jurisdiction shifts to HRET, so the case should now be heard by HRET since it has sole jurisdiction over sitting members of Congress.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    152 views2 pages

    Limkaichong Vs

    Uploaded by

    Oscar E Valero
    Limkaichong ran for representative in Negros Oriental and was declared the winner, however a case was filed claiming she was not qualified to run. During the case, COMELEC declared her disqualified but also proclaimed her the winner due to existing guidelines. Limkaichong argued COMELEC no longer had jurisdiction. The Supreme Court ruled that COMELEC's proclamation of Limkaichong was valid because a reconsideration motion suspended the disqualification ruling. The Court also held that once proclaimed, jurisdiction shifts to HRET, so the case should now be heard by HRET since it has sole jurisdiction over sitting members of Congress.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Limkaichong vs. COMELEC (GR Nos.

    178831-32, July 30, 2009)


    Political Law Jurisdiction of the Electoral Tribunals
    Limkaichong ran as a representative in the 1
    st
    District of Negros Oriental. A disqualification case WAS
    FILED against her on the ground that she is 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 Limkaichongs dad. During the pendency of the case against her
    before the COMELEC, Election day came and votes were cast. Results came in and she won over her
    rival Paras. COMELEC after due hearing declared her as disqualified. About 2 days after the counting of
    votes, COMELEC declared Limkaichong as a disqualified candidate. On the following days however,
    notwithstanding their proclamation disqualifying her, in compliance with 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, the COMELEC issued a proclamation announcing Limkaichong as the winner.
    Paras countered the proclamation and she filed a petition before the COMELEC. Limkaichong asailed
    Paras petitioned arguing that since she is now the proclaimed winner, the COMELEC can no longer
    exercise jurisdiction over the matter. It should be the HRET which should exercise jurisdiction from then
    on.
    ISSUES:
    1.Whether or not the proclamation done by the COMELEC is valid.
    2.Whether or not COMELEC should still exercise jurisdiction over the matter.
    HELD: 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. The filing of the motion for reconsideration effectively suspended the execution
    of the May 17, 2007 Joint Resolution. 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.
    The HRET must exercise jurisdiction after Limkaichongs proclamation. The SC has invariably held that
    once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of the
    HOR, the COMELECs jurisdiction over election contests relating to his election, returns, and
    qualifications ends, and the HRETs 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 latters election, returns and qualifications.
    The use of the word sole in Section 17, Article VI of the Constitution and in Section 250 of the OEC
    underscores the exclusivity of the Electoral Tribunals jurisdiction over election contests relating to its
    members.

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