G.R. No. 178831-32, 30 July 2009 [Citizenship; Naturalization; C.A. No. 473]
FACTS:
Two petitions were consolidated on the issue about the qualifications of Jocelyn Limkaichong to run for, be elected to, and assume and discharge the position as Representative of the 1st District of Negros Oriental. The contention of the parties who sought her disqualification is that she is not a natural-born citizen, hence, she lacks the citizenship requirement in Section 6, Article VI of the 1987 Constitution. In the election that ensued, she was voted for by the constituents of Negros Oriental and garnered the highest votes. She was eventually proclaimed as the winner and has since performed her duties and responsibilities as Member of the House of Representatives.
The proponents against Limkaichong's qualification stated that she is not a natural-born citizen because her parents were Chinese citizens at the time of her birth. They went on to claim that the proceedings for the naturalization of Julio Ong Sy, her father, never attained finality due to procedural and substantial defects.
ISSUES:
1) Whether or not the citizenship of Limkaichong's parents may be questioned in an election case.
2) Whether or not the HRET should assume jurisdiction over the disqualification case.
3) Whether or not the 10-day prescriptive period under 1998 HRET Rules apply to disqualification based on citizenship.
RULINGS:
1) No. The proper proceeding in cancelling the naturalization certificate of one person should be in accordance with Section 18 of CA No. 473. Clearly under the law and jurisprudence, it is the State, through the Solicitor General or the representative designated by statute, that may question in the appropriate denaturalization proceeding.
2) Yes. Limkaichong was proclaimed by the Provincial Board of Canvassers, she had taken her oath of office, and she was allowed to officially assume office on July 23, 2007. Accordingly, the House of Representatives Electoral Tribunal, and no longer the COMELEC, should now assume the jurisdiction over the disqualification case. Section 17, Article VI of the 1987 Constitution and in Section 2509 of the OEC underscore the exclusivity of the Electoral Tribunal's jurisdiction over election contests relating to its members.
3) No. The ten-day prescriptive period under the 1998 HRET Rules does not apply to disqualification based on citizenship, because qualifications for public office are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officer's entire tenure.
