THE Office of Solicitor General (OSG) has reiterated the position that the petitions seeking to nullify the proclamation of Lakas Rep. Jocelyn Limkaichong of Negros Oriental on the ground that she is not a natural-born Filipino citizen should be dismissed.

                In a 39-page memorandum submitted to the Supreme Court, Solicitor General Agnes Devanadera acknowledged having provided the Court with two contradicting comments on the consolidated petitions seeking Limkaichong’s disqualification, thus it has decided to adopt its first comment affirming the validity of the legislator’s proclamation by the provincial board of canvassers of Negros Oriental.

                Devanadera explained that the implementation of the Commission on Election’s (Comelec) Second Division resolution issued on May 17, 2007, which disqualified Limkaichong from her post was suspended upon her filing of a motion for reconsideration.

“Since Limkaichong’s disqualification was not yet final at the time she was proclaimed as the winning candidate, her proclamation was valid and, as a consequence, she became a regular member of the House of Representatives,” Devanadera said.

She added that the Comelec was stripped of jurisdiction to rule on the Limkaichong’s motion for reconsideration by virtue of her proclamation.

Devanadera noted that election protests against those who have already been proclaimed as a member of the House fall within the jurisdiction of the House of Representatives Electoral Tribunal  (HRET).

However, the OSG stressed that the HRET can no longer assume jurisdiction over the disqualification of Limkaichong, since the parties contesting her proclamation and assumption as congressman did not file a protest or petition before the HRET.

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THE Office of Solicitor General (OSG) has reiterated the position that the petitions seeking to nullify the proclamation of Lakas Rep. Jocelyn Limkaichong of Negros Oriental on the ground that she is not a natural-born Filipino citizen should be dismissed.

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