Co vs. Electoral Tribunal G.R. Nos.

92191-92, July 30, 1991

Case No. 10

Facts: On May 11, 1987, the congressional election of Northern Samar was held.Among the candidate is herein respondent Jose Ong, Jr. Respondent Ong was proclaimed the duly elected representative of the second district of Northern Samar. Petitioners questioned the citizenship of respondent Ong since Ongs father was only a naturalized Filipino citizen and questioned Ongs residence qualificationsince Ong does not own any property in Samar. ISSUE/s: 1.) Whether the decision of HRET is appealable; 2.) Whether respondent is a citizen of the Philippines; and 3.) WhetherOng is a resident of Samar. RULING: 1.) Yes. The Constitution explicitly provides that the House of Representatives Electoral Tribunal (HRET) and the Senate Electoral Tribunal (SET) shall be the sole judges of all contests relating to the election, returns, and qualifications of their respective members. In the case at bar, the Court finds no improvident use of power, no denial of due process on the part of the HRET which will necessitate the exercise of the power of judicial review by the Supreme Court. 2.) Yes. On April 28, 1955, Jose OngChuan, respondents father, an immigrant from China was declared a Filipino citizen by the CFI of Samar. At the time Jose OngChuan took his oath, the private respondent then is a minor of nine years, was finishing his elementary education in the province of Samar. Hence, there is no ground to deny the Filipino citizenship of respondent Ong. Respondent Ong was also born of a natural-born Filipino mother, thus the issue of citizenship is immaterial. 3.) Yes. The framers of the Constitution adhered to the earlier definition given to the word residence which regarded it as having the same meaning as domicile. The domicile of origin of the private respondent, which was the domicile of his parents, is fixed at Laoang, Samar. Contrary to the petitioners' imputation, Jose Ong, Jr. never abandoned said domicile; it remained fixed therein even up to the present. Hence, the residency of respondent Ong has sufficiently proved.