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Limkaichong v Comelec Facts: Limkaichong ran as a representative in the 1st district of Negros Oriental against Paras.

Together with other citizens, Paras filed a petition for disqualification against Limkaichong on the ground that she lacked the citizenship requirement. She contended that these petitions should be dismissed for lack of cause of action. May 14, 2007 - Election continued and Limkaichong emerged as the winner. May 17, 2007 COMELEC disqualified Limkaichong and ordered PBOC to strike out her name from the list of eligible candidates. May 25, 2007 - Notwithstanding their proclamation disqualifying Limkaichong, COMELEC issued a proclamation announcing Limkaichong as the winner, 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 then petitioned before COMELEC, regarding its proclamation. Issues: WON Limkaichongs proclamation was valid. WON, upon Limkaichongs proclamation, HRET instead of COMELEC should assume jurisdiction over the disqualification cases. Held: The proclamation of Limkaichong was valid. HRET has the exclusive jurisdiction over such case. Ratio:

- COMELEC Second Division rendered its Joint Resolution dated May 17, 2007. On May 20, 2007, Limkaichong timely filed with the COMELEC En Banc her motion for reconsideration as well as for the lifting of the incorporated directive suspending her proclamation. The filing of the motion for reconsideration effectively suspended the execution of the May 17, 2007 Joint Resolution. Since the execution of the May 17, 2007 Joint Resolution was suspended, there was no impediment to the valid proclamation of Limkaichong as the winner. - The SC has invariably held that once a winning candidate has been proclaimed, taken his oath, and assumed office as a Member of the HOR, COMELEC's jurisdiction over election contests relating to his election, returns, and qualifications 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 the proclamation. The party questioning his qualification should now present his case in a proper proceeding before the HRET, the constitutionally mandated tribunal to hear and decide a case involving a Member of the House of Representatives with respect to the latter's election, returns and qualifications. - Wrt to Limkaichong not being a Filipino citizen, such
should have been challenged in appropriate proceedings.

- It is the ministerial duty of the Sec Gen and HOR upon


presentation by such member of a valid certificate of

proclamation and oath of office to enroll a member in the roll of members and to recognize her as such. For to arbitrarily unseat someone who won in the elections would amount to disenfranchising the electorate in whom sovereignty resides.