Vilando v. HRET

VILANDO v. HRET FACTS:  Limkaichong

ran as a representative in the 1st District of Negros Oriental. Beca Becaus use e of this, this, her her oppon opponent ent,, Paras Paras and some some other other conce concern rned ed citiz citizens ens filed filed disqualification disqualification cases cases against Limkaichong. Limkaichong. he! alleged that Limkaichong Limkaichong "as not a natural #orn citizen of the Philippines Philippines #ecause "hen she "as #orn her father "as still a $hinese and and that her mother, mother, lost her %ilipino %ilipino citizenship #! virtue virtue of her marriage to Limkaichong&s Limkaichong&s father. During the pendenc! of the case against Limkaichong Limkaichong #efore the $O'(L($, $O'(L($, (lection da! came and votes "ere cast. )esults came in and Limkaichong "on "on over over her her rival rival Para Paras. s. $O'( $O'(L( L($ $ after after due due heari hearing ng decla declare red d Limka Limkaich ichon ong g as disqualified. disqualified. %e" da!s after the counting of votes, $O'(L($ declared declared Limkaichong as a disqu disqual alifi ified ed cand candida idate te.. On the the follo" follo"ing ing da!s da!s ho"ev ho"ever er,, not" not"ith ithst stan andin ding g their  their  procl proclama amatio tion n disqu disqual alif! if!ing ing Limka Limkaic icho hong, ng, the $O'( $O'(L( L($ $ issue issued d a proc proclam lamati ation on announcing Limkaichong as the "inner of the recentl! conducted elections. his is in compliance "ith )esolution No. *+- adopting the polic!guidelines of not suspending the proclamation of "inning candidates "ith pending disqualification cases "hich shall #e "ithout pre/udice to the continuation of the hearing and resolution of the involved cases. Paras countered the proclamation and she filed a petition #efore the $O'(L($. Limkaich Limkaichong ong asailed Paras& petition petition arguing arguing that since she is no" the proclaimed proclaimed "inner, it should #e the 0)( "hich has the /urisdiction over the matter and not the $O'(L($. $O'(L($ agreed "ith Limkaichong. ISSUE: hether

or not Limkaichong is qualified to hold an office in the )epu#lic of the

Philippines. )eco )ecord rds s disc disclo lose se that that Limk Limkai aich chon ong g "as "as #orn #orn in Duma Dumagu guet ete e $it! $it! on Nove Novem#e m#err 2, 1232 1232.. he he govern governing ing la" is the the citize citizens nship hip provisi provision on of the 1243 1243 $onstitution. he 0)(, therefore, correctl! relied on the presumption of validit! of the 5ul! 2, 1236 and 7eptem#er -1, 1232 Orders of the $ourt of %irst 8nstance 9$%8: Negros Oriental, "hich granted the petition and declared 5ulio 7! a naturalized %ilipino a#sent an! evidence to the contrar!. )espondent Limkaichong falls under the categor! of those persons "hose fathers are citizens of the Philippines. 97ection 194:, ;rticle 8, and ran as a candidate and "as elected as 'a!or of La Li#ertad, Negros Oriental in -++>. hese are positive acts of election of Philippine citizenship. he case of 8n re? %lorencio 'allare, elucidates ho" election of citizenship is manifested in actions indu#ita#l! sho"ing a definite choice. e note that respondent had informall! RULING:

elected citizenship after 5anuar! 16, 1264 during "hich time the 1264 $onstitution considered as citizens of the Philippines all those "ho elect citizenship in accordance "ith the 1243 $onstitution. he present petition filed #!