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VILANDO v. HRET
G. R. No. 192147 & 192149
August 23, 2011
Article 4 Section 1: No Collateral Attack

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 P hilippines
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.

ISSUES:
1. Whether Limkaichong is qualified to hold a position in the government.

HELD:
1. YES. Vilando seeks to disqualify Limkaichong on the ground that she is a Chinese citizen. To
prove his point, he refers to the alleged nullity of the grant of naturalizati on of Limkaichong’s
father which, however, is not allowed as it would constitute a collateral attack on the citizenship
of the father. Under Philippine law, an attack on a person’s citizenship may only be done
through a direct action for its nullity.
Records also disclose that Limkaichong was born in Dumaguete City on November 9, 1959.
The governing law is the citizenship provision of the 1935 Constitution. The HRET, therefore,
correctly relied on the presumption of validity of the July 9, 1957 and S eptember 21, 1959
Orders of the Court of First Instance (CFI) Negros Oriental, which granted the petition and
declared Julio Sy a naturalized Filipino absent any evidence to the contrary. Respondent
Limkaichong falls under the category of those persons whose fathers are citizens of the
Philippines. (Section 1(3), Article IV, 1935 Constitution) It matters not whether the father
acquired citizenship by birth or by naturalization. Therefore, following the line of transmission
through the father under the 1935 Constitution, the respondent has satisfactorily complied with
the requirement for candidacy and for holding office, as she is a natural-born Filipino citizen.
Respondent participated in the barangay elections as a young voter in 1976, accomplished
voter's affidavit as of 1984, and ran as a candidate and was elected as Mayor of La Libertad,
Negros Oriental in 2004. These are positive acts of election of Philippine citizenship. The case

Prepared by: Jerrick M. Lim

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of In re: Florencio Mallare, elucidates how election of citizenship is manifested in actions

indubitably showing a definite choice. We note that respondent had informally elected
citizenship after January 17, 1973 during which time the 1973 Constitution considered as citizens
of the Philippines all those who elect citizenship in accordance with the 1935 Constitution.

The present petition filed by Vilando was DISMISSED. 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.

Prepared by: Jerrick M. Lim

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Prepared by: Jerrick M. Lim