Renald F. Villando v.

House of Representatives Electoral Tribunal, Jocelyn Sy Limkaichong and

Hon. Speaker Prospero Nograles, GR 192147 & 192149
August 23, 2011
Ponente: J. Mendoza

Facts:
Limkaichong ran as a representative in the 1st District of Negros Oriental. 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, Limkaichong won over her rival Paras in the election.
COMELEC after due hearing declared Limkaichong as disqualified. 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.

Issues:
WON Limkaichong is a citizen of the Philippines.

Held:
Yes, Limkaichong is a citizen of the Philippines. Records disclose that Limkaichong was born in
Dumaguete City on November 9, 1959. The governing law is the citizenship provision of the
1935 Constitution. 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.