LIMKAICHONG v.

COMELEC
G.R. Nos. 178831-32

BRIEF FACTS:
On 2007, Jocelyn Limkaichoing ran for the position of first district representative of Negros Oriental. She
was proclaimed as the winner and has performed her duties as a member of the House of
representatives. Olivia Paras and some citizens filed a disqualification case against Limkaichong on the
ground that she is not a natural-born citizen of the Philippines and thus she lacks the citizenship
requirement provided for in Article 6, section 6 of the Constitution. They claim that when Limkaichong was
born, her parents were still Chinese citizens. The proceedings for the naturalization of her father, Julio
Ong Sy, never attained finality due to procedural and substantial defects.

MAIN ISSUE:
Whether or not Jocelyn Limkaichong was validly proclaimed despite her alleged disqualification based on
her citizenship?

is qualified to run for, be elected to, and assume and discharge the position of Representative for
the First District of Negros Oriental?

Whether or not the citizenship of Limkaichong’s parents may be questioned in an election case? [NO]

RULING:
YES. In assailing the citizenship of Limkaichong’s father, the proper proceeding should be followed in
accordance with Commonwealth Act No. 473, particularly section 18 which provides that “upon motion
made in the proper proceedings by the Solicitor General or his representative, or by the proper provincial
fiscal, the judge may cancel the naturalization certificate issued and its registration in the Civil Register. In
other words, the initiative must come from the officers mentioned in the provision – Sol Gen, his
representatives or the provincial fiscal.

Accordingly, it is not enough that one’s qualification, or lack or it, to hold an office requiring one to be a
natural-born citizen, be attacked and questioned before any tribunal or government institution. Fair play
and due process must be observed. For it not, Limkaichong would be deprive of her right to hold office as
a member of the House of Represenatives and her constituents would also be deprived of a leader in
whom they have put their trust through their votes.

The 1987 Constitution provides that Members of the House of Represenatives must be natural-born
citizens not only at the time of their election but during their entire tenure.

Those who assail the disqualification of Limkaichong based on citizenship must filed before the HRET the
proper petition at any time during her incumbency.