LIMKAICHONG vs. COMELEC G.R. NOS.

178831-32, April 1, 2009

Natural born citizens

FACTS:
On March 26, 2007, Limkaichong filed with the COMELEC her Certificate of
Candidacy (COC) for the position of Representative of the First District of Negros Oriental.
Petitions for Limkaichong’s disqualification were instituted, on the grounds of her citizenship,
alleging that she is not a natural-born Filipino because her parents were Chinese citizens at the
time of her birth.

In May 2007, Comelec 2nd Division issued a Resolution disqualifying Limkaichong

from running as a congressional candidate for the First District of Negros Oriental. In June
2007, Comelec En Banc affirmed the decision.

ISSUE:
Whether or not the COMELEC Second Division and the COMELEC En Banc correctly
disqualified Limkaichong on the ground that she is not a natural-born Filipino citizen.

RATIO:
The matter of Limkaichong’s citizenship is something the Court cannot resolve as it
should have been challenged in appropriate proceedings. When Julio Ong Sy (Limkaichong’s
father) latter took his oath of allegiance on October 21, 1959, it was exactly 30 days after his
declaration as a naturalized Filipino, or one day short of the reglementary period required under
Sections 11 and 12 of Commonwealth Act No. 473. Such defects were fatal to the naturalization
proceedings of Julio Ong Sy and prevented the same from gaining finality. The COMELEC
Second Division concluded that since Julio Ong Sy did not acquire Philippine citizenship
through the said naturalization proceedings, it follows that Limkaichong remains a Chinese
national and is disqualified to run as candidate and be elected as a Member of the House of
Representatives.

But while it may be true that the proceedings for naturalization were tainted with certain
infirmities, fatal or otherwise, such should be properly invoked in accordance with the
procedure laid down by law. Such procedure is the cancellation of the naturalization certificate.
It is the State, through its representatives designated by statute, that may question the illegally
or invalidly procured certificate of naturalization in the appropriate denaturalization
proceedings. It is plainly not a matter that may be raised by private persons in an election case
involving the naturalized citizen’s descendant.