Case Title: RENALD F.

VILANDO, Petitioner, vs. HOUSE OF REPRESENTATIVES

ELECTORAL TRIBUNAL, JOCELYN SY LIMKAICHONG AND HON. SPEAKER
PROSPERO NOGRALES, Respondents.

[Sec 2]

[Vilando vs HRET]

Case Date: August 23, 2011 G.R. No. 192147 & 192149  Ponente: MENDOZA, J.

Provisions/Concepts/Doctrines and How Applied to the Case

Individuals that acquired citizenship by birth or by naturalization are qualified for candidacy and for
holding office.

FACTS

Limkaichong ran as a representative in the 1st District of Negros Oriental. Because of this, 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 Limkaichong’s father. During the pendency of the case against Limkaichong before
the COMELEC, election day came and votes were cast. Results came in and Limkaichong won over
her rival Paras. COMELEC after due hearing declared Limkaichong as disqualified. Few days after
the counting of votes, COMELEC declared Limkaichong as a disqualified candidate. 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.

ISSUE/S (relevant to the syllabus)

1. Whether or not Limkaichong can be considered a natural-born citizen of the Philippines

RULING (include how the law was applied)

Yes. Limkaichong can be considered a natural-born citizen of the Philippines. Under Section 1, Article
IV of the 1935 Constitution, the following are citizens of the Philippines: (3) Those whose fathers are
citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship.

Records disclose that Limkaichong was born in Dumaguete City on November 9, 1959. The
governing law is the citizenship provision of the 1935 Constitution, the pertinent portion thereof,
reads: Article IV Section 1. The following are citizens of the Philippines: (3) Those whose fathers are
citizens of the Philippines. (4) Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship. Indubitably, with Limkaichong's father having
been conferred the status as a naturalized Filipino, it follows that she is a Filipino citizen born to a
Filipino father. Limkaichong can still be considered a natural-born Filipino citizen having been born to
a Filipino mother and having impliedly elected Filipino citizenship when she reached majority age.
The HRET is, thus, correct in declaring that Limkaichong is a natural-born Filipino citizen For
renunciation to effectively result in the loss of citizenship, the same must be express. Such express
renunciation is lacking in this case. Accordingly, Limkaichong's mother, being a Filipino citizen, can
transmit her citizenship to her daughter.

DISPOSITIVE

WHEREFORE, the petition is DENIED. Accordingly, the Court affirms the March 24, 2010 Decision of
the HRET declaring that Limkaichong is not disqualified as Member of the House of Representatives
representing the First District, Negros Oriental.

ADDITIONAL NOTES