 Jocelyn Sy Limkaichong v Comelec G.R. No.

178831-32
Sec 17, Article VI of the Constitution- Senate and the House of Representatives shall
each have an electoral tribunal which shall be the “sole” judge of all contests relating to the
election returns, and qualifications of their respective members. Each electoral tribunals
shall be composed of 9 members……

Facts: Limkaichong ran as a Representative in the first district of Negros Oriental. Her

rival Olivia Paras, and some other concerned citizens filed a disqualification case against
Limkaichong.
The latter allegedly not a natural born citizen of the Philippines because when she was
born, her father was still a Chinese and that her mom, though Filipino, lost her citizenship
by virtue of her marriage to Limkaichong’s dad.
During the pendency of the case, election day came, and votes were cast. Results came in
and Limkaichong won over Paras.
Comelec after due hearing, declared Limkaichong as disqualified. Notwithstanding their
proclamation of disqualification, Comelec issued a proclamation declaring Limkaichong as
the winner.
This is in compliance with Resolution no. 8062 adopting the disqualification cases which
shall be without prejudice to the continuation of the hearing and resolution of the involved
cases.
Paras countered the proclamation, filed a petition before the Comelec.

Issue: WON the proclamation done by the Comelec is valid, and WON Comelec should
still exercise jurisdiction over the matter.

Held: The proclamation of Limkaichong is valid. the HRET must exercise jurisdiction after
Limkaichong’s proclamation.
The SC has invariably held once a winning candidate has been proclaimed, taken his oath
and assumed office as a member of the House of Rep., the Comelec’s jurisdiction over
election contests relating to his election, returns, and disqualification ends and the HRET’s
own jurisdiction begins. It follows then that the proclamation of a winning candidate
divests the Comelec of its jurisdiction over matters pending before it at the time of
proclamation.
The party questioning his qualification should now present his case in a proper proceeding
before the HRET. The use of the word “sole” in Sec.17 Art. VI of the Constitution and in
Sec. 250 of the Omnibus Election Code underscores the exclusivity of the electoral
tribunal’s jurisdiction over election contest relating to its members