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TitleVilando vs Hret
TagsCommission On Elections (Philippines) Citizenship Naturalization Jurisdiction Constitutional Law
File Size27.2 KB
Total Pages3
Document Text Contents
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vilando v. electoral tribunal (2011)

EN BANC

[ G.R. Nos. 192147 & 192149, August 23, 2011 ]

RENALD F. VILANDO, PETITIONER, VS. HOUSE OF REPRESENTATIVES ELECTORAL
TRIBUNAL, JOCELYN SY LIMKAICHONG AND HON. SPEAKER PROSPERO NOGRALES,
RESPONDENTS

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 Limkaichong’s 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 withResolution 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.

Issues:

WON the proclamation done by the COMELEC is valid.

WON the HRET already acquired jurisdiction over the case.

WON Limkaichong is qualified to hold an office in the Republic of the Philippines

Held:

1. The proclamation of Limkaichong was valid. Limkaichong timely filed with
the COMELEC En Banc her motion for reconsideration as well as for the lifting of

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