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Vilando v. HRET

Limkaichong ran for representative in Negros Oriental but her opponent Paras challenged her candidacy, alleging that Limkaichong was not a natural born citizen. While the case was pending, the election was held and Limkaichong won. The COMELEC initially disqualified Limkaichong but later proclaimed her the winner due to a policy of not suspending proclamations pending disqualification cases. Paras challenged this proclamation. The Supreme Court ruled that Limkaichong was a natural born citizen under the 1935 Constitution based on her father having acquired citizenship, and that she had elected Philippine citizenship through acts like voting, so she was qualified to hold public office.

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183 views2 pages

Vilando v. HRET

Limkaichong ran for representative in Negros Oriental but her opponent Paras challenged her candidacy, alleging that Limkaichong was not a natural born citizen. While the case was pending, the election was held and Limkaichong won. The COMELEC initially disqualified Limkaichong but later proclaimed her the winner due to a policy of not suspending proclamations pending disqualification cases. Paras challenged this proclamation. The Supreme Court ruled that Limkaichong was a natural born citizen under the 1935 Constitution based on her father having acquired citizenship, and that she had elected Philippine citizenship through acts like voting, so she was qualified to hold public office.

Uploaded by

Natsu Dragneel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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VILANDO v.

HRET

FACTS: Limkaichong ran as a representative in the 1st District of Negros Oriental.


Because of this, her opponent, Paras and some other concerned citizens filed
disqualification cases against Limkaichong. They alleged that Limkaichong was not a
natural born citizen of the Philippines because when she was born her father was still a
Chinese and that her mother, lost her Filipino citizenship by virtue of her marriage to
Limkaichongs father. During the pendency of the case against Limkaichong before the
COMELEC, Election day came and votes were cast. Results came in and Limkaichong
won over her rival Paras. COMELEC after due hearing declared Limkaichong as
disqualified. Few days after the counting of votes, COMELEC declared Limkaichong as
a disqualified candidate. On the following days however, notwithstanding their
proclamation disqualifying Limkaichong, the COMELEC issued a proclamation
announcing Limkaichong as the winner of the recently conducted elections. This is 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. Paras countered the proclamation and she filed a petition before the COMELEC.
Limkaichong asailed Paras petition arguing that since she is now the proclaimed
winner, it should be the HRET which has the jurisdiction over the matter and not the
COMELEC. COMELEC agreed with Limkaichong.

ISSUE: Whether or not Limkaichong is qualified to hold an office in the Republic of the
Philippines.

RULING: Records disclose that Limkaichong was born in Dumaguete City on


November 9, 1959. The governing law is the citizenship provision of the 1935
Constitution. The HRET, therefore, correctly relied on the presumption of validity of the
July 9, 1957 and September 21, 1959 Orders of the Court of First Instance (CFI) Negros
Oriental, which granted the petition and declared Julio Sy a naturalized Filipino absent
any evidence to the contrary. Respondent Limkaichong falls under the category of those
persons whose fathers are citizens of the Philippines. (Section 1(3), Article IV, 1935
Constitution) It matters not whether the father acquired citizenship by birth or by
naturalization. Therefore, following the line of transmission through the father under the
1935 Constitution, the respondent has satisfactorily complied with the requirement for
candidacy and for holding office, as she is a natural-born Filipino citizen. Respondent
participated in the barangay elections as a young voter in 1976, accomplished voter's
affidavit as of 1984, and ran as a candidate and was elected as Mayor of La Libertad,
Negros Oriental in 2004. These are positive acts of election of Philippine citizenship.
The case of In re: Florencio Mallare, elucidates how election of citizenship is manifested
in actions indubitably showing a definite choice. We note that respondent had informally
elected citizenship after January 17, 1973 during which time the 1973 Constitution
considered as citizens of the Philippines all those who elect citizenship in accordance
with the 1935 Constitution. The present petition filed by Vilando was DISMISSED. The
Court affirms the March 24, 2010 Decision of the HRET declaring that Limkaichong is
not disqualified as Member of the House of Representatives representing the First
District, Negros Oriental.

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