Facts
Jocelyn Sy Limkaichong (Limkaichong) was proclaimed and assumed office as the Representative of the First District of Negros Oriental in 2007. Petitioner Renald F. Vilando filed a petition for quo warranto before the House of Representatives Electoral Tribunal (HRET), alleging that Limkaichong was not a natural-born Filipino citizen and was, thus, ineligible for office. Vilando asserted that Limkaichong’s father, Julio Sy, had an invalid certificate of naturalization, and therefore, the HRET should inquire into the certificate’s validity as an incident to determining Limkaichong’s eligibility. The HRET dismissed the petition, ruling that Limkaichong was not disqualified. Vilando filed a petition for certiorari with the Supreme Court challenging the HRET decision.
Issues
- Whether the petition questioning Limkaichong’s eligibility was rendered moot and academic by the expiration of her term of office and the conduct of the subsequent 2010 elections.
- Whether a quo warranto petition before the HRET challenging a member’s citizenship operates as a permissible direct attack, or an impermissible collateral attack, on the certificate of naturalization of the member’s ascendant.
- Whether the HRET, in exercising its exclusive jurisdiction over the qualifications of its members, possesses the authority to delve into the legality of a judgment of naturalization.
Ruling
“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.”
Essential Elements of Jurisprudence
Controlling Doctrines:
- Exception to Mootness Doctrine: A court will decide a question, otherwise moot and academic, if the issue is “capable of repetition, yet evading review.” Citizenship is a continuing requirement for Members of the House of Representatives, and issues concerning it are likely to recur if the individual runs again for public office.
- Collateral Attack Rule: In Philippine jurisdiction, an attack on a person’s citizenship (specifically, the nullity of a grant of naturalization) may only be done through a direct action for its nullity. A collateral attack against a judgment is generally not allowed, unless the judgment is void upon its face or its nullity is apparent by virtue of its own recitals.
Legal Principles Established/Affirmed:
- Procedure for Denaturalization: The proper proceeding to assail an illegally or invalidly procured certificate of naturalization must be in accordance with Section 18 of Commonwealth Act No. 473. The initiative must come from the State, through the Solicitor General or his representatives, or the proper provincial fiscal. This matter cannot be raised by private persons in an election case involving the naturalized citizen’s descendant.
- Scope of HRET Jurisdiction: While the HRET is the sole judge of all contests relating to the election, returns, and qualifications of its Members (Rule 14 of the 2004 HRET Rules, echoing the 1987 Constitution), this plenary power does not include the authority to delve into the legality of a judgment of naturalization of an ascendant, as such an act would constitute an impermissible collateral attack.
- Presumption of Validity: Judicial orders granting naturalization (like the CFI Orders of July 9, 1957, and September 21, 1959, concerning Julio Sy) are public records and constitute legitimate sources of authority; they are presumed valid and of legal effect absent any contrary declaration by a competent court.
- Natural-Born Status (1935 Constitution): A person born in 1959 whose father was a naturalized Filipino citizen is considered a Filipino citizen under Article IV, Section 1(3) of the 1935 Constitution (“Those whose fathers are citizens of the Philippines”).
- Election of Citizenship and Natural-Born Status: A person born before January 17, 1973, of a Filipino mother, who subsequently elects Philippine citizenship upon reaching the age of majority, is now deemed a natural-born citizen (Article IV, Section 2, 1987 Constitution in relation to Article IV, Section 1(3) thereof).
- ACR is Not Renunciation: An application for, and the holding of, an Alien Certificate of Registration (ACR) is merely evidence of registration and is not an indubitable proof of forfeiture or express renunciation of Philippine citizenship. Renunciation must be express to be effective.
Sample Q&A
Question: In a Quo Warranto proceeding before the House of Representatives Electoral Tribunal (HRET), an unsuccessful candidate seeks to disqualify the incumbent member on the ground that the member’s father was invalidly naturalized decades ago, claiming this invalidity strips the incumbent of natural-born status. Must the HRET grant the quo warranto petition by looking into and invalidating the father’s certificate of naturalization? Cite all applicable provisions.
Answer: No, the HRET must not grant the petition based on a review and invalidation of the father’s naturalization certificate. While the HRET has sole jurisdiction over the qualifications of its members (Rule 14, 2004 Rules of the HRET), this jurisdiction does not include the authority to delve into the legality of a judgment of naturalization. In our jurisdiction, an attack on a naturalization judgment must be accomplished through a direct action for nullity. The proper procedure for questioning an invalidly procured certificate of naturalization is outlined in Section 18 of Commonwealth Act No. 473, requiring the motion to be made by the Solicitor General or his representatives in appropriate denaturalization proceedings. Allowing a private individual to challenge the final naturalization grant collaterally through a quo warranto petition constitutes an impermissible collateral attack. Furthermore, absent evidence that the judgment is void on its face, the court orders confirming the naturalization are presumed valid.
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