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Mo Ya Lim V. Ca: Legal Profession - Admission To The Bar - Citizenship Requirement
Mo Ya Lim V. Ca: Legal Profession - Admission To The Bar - Citizenship Requirement
is certainly not a tedious and painstaking process. All that citizenship 14 years after reaching the age of majority
is required of the elector is to execute an affidavit of which the court considered not within the reasonable time.
election of Philippine citizenship and, thereafter, file the Ching offered no reason why he delayed his election of
same with the nearest civil registry. Ching’s unreasonable Philippine citizenship, as procedure in electing Philippine
and unexplained delay in making his election cannot be citizenship is not a tedious and painstaking process. All
simply glossed over. that is required is an affidavit of election of Philippine
citizenship and file the same with the nearest civil registry.
Bar Matter No. 914, October 1, 1999
CO V. HRET
Re: Application for Admission to the Philippine Bar
THE ELECTORAL TRIBUNAL
vs.
Vicente D. Ching, petitioner
FACTS:
Facts:聽 The petitioners come to this Court asking for the setting
Vicente D. Ching, a legitimate child of a Filipino mother aside and reversal of a decision of the House of
and an alien Chinese father, was born on April 11, 1964 in Representatives Electoral Tribunal (HRET). The HRET
Tubao La Union, under the 1935 Constitution. He has
declared that respondent Jose Ong, Jr. is a natural born
resided in the Philippines
Filipino citizen and a resident of Laoang, Northern Samar
He completed his Bachelor of Laws at SLU in Baguio on for voting purposes.
July 1998, filed an application to take the 1998 Bar
Examination.
The Resolution in this Court, he was allowed to take the On May 11, 1987, the congressional election for the
bar if he submit to the Court the following documents as
proof of his Philippine Citizenship: second district of Northern Samar was held. Among the
1. Certification 聽 issued by the PRC Board of candidates who vied for the position of representative in
Accountancy that Ching is a certified accountant; the second legislative district of Northern Samar are the
2. Voter Certification issued COMELEC in Tubao La Union petitioners, Sixto Balinquit and Antonio Co and the private
showing that Ching is a registered voter of his place; and
3. Certification showing that Ching was elected as member respondent, Jose Ong, Jr. Respondent Ong was
of the Sangguniang Bayan of Tubao, La Union proclaimed the duly elected representative of the second
On April 5, 1999, Ching was one of the bar passers. The
district of Northern Samar.
oath taking ceremony was scheduled on May 5, 1999.
Because of his questionable status of Ching's citizenship,
he was not allowed to take oath. The petitioners filed election protests against the private
He was required to submit further proof of his citizenship.
respondent premised on the following grounds: 1) Jose
The Office of the Solicitor General 聽 was required to file a
comment on Ching's petition for admission to the Ong, Jr. is not a natural born citizen of the Philippines; and
Philippine Bar. 2) Jose Ong, Jr. is not a resident of the second district of
In his report:
Northern Samar.
1. Ching, under the 1935 Constitution, was a Chinese
citizen and continue to be so, unless upon reaching the
age of majority he elected Philippine citizenship, under the The HRET in its decision dated November 6, 1989, found
compliance with the provisions of Commonwealth Act No.
265 "an act providing for the manner in which the option to for the private respondent.
elect Philippine citizenship shall be declared by a person
whose mother is a Filipino citizen"
2. He pointed out the Ching has not formally elected
Philippine citizenship, and if ever he does, it would already
be beyond the "reasonable time" allowed by the present ISSUE:
jurisprudence.
Electoral Tribunal (SET) shall be the sole judges of all the candidate meet the age, citizenship, voting and
contests relating to the election, returns, residence requirements. Nowhere is it required by the
and qualifications of their respective members. Constitution that the candidate should also own property in
(See Article VI, Section 17, Constitution) order to be qualified to run. (see Maquera v. Borra, 122
Phil. 412 [1965])
The authority conferred upon the Electoral Tribunal is full,
clear and complete. The use of the word sole emphasizes Disclaimer: I just copy pasted this from the actual case in
the exclusivity of the jurisdiction of these Tribunals. toto, if you’re going to make a case digest from this, please
make the necessary adjustments.
The Supreme Court under the 1987 Constitution, has been
CO V. HRET
given an expanded jurisdiction, so to speak, to review the
decisions of the other branches and agencies of the
government to determine whether or not they have acted Facts:
within the bounds of the Constitution. (See Article VIII, On May 11, 1987, the congressional election of Northern
Section 1, Constitution) Samar was held.Among the candidate is herein
respondent Jose Ong, Jr. Respondent Ong was
proclaimed the duly elected representative of the second
Yet, in the exercise thereof, the Court is to merely check district of Northern Samar. Petitioners questioned the
whether or not the governmental branch or agency has citizenship of respondent Ong since Ong’s father was only
a naturalized Filipino citizen and questioned Ong’s
gone beyond the Constitutional limits of its jurisdiction, not residence qualificationsince Ong does not own any
that it erred or has a different view. In the absence of a property in Samar.
Samar. Contrary to the petitioners' imputation, Jose Ong, However, in a subsequent resolution of the COMELEC en
Jr. never abandoned said domicile; it remained fixed banc, the disqualification of the respondent was reversed.
therein even up to the present. Hence, the residency of Respondent was held to have renounced his US
respondent Ong has sufficiently proved. citizenship when he attained the age of majority and
registered himself as a voter in the elections of 1992, 1995
and 1998.
WHEREFORE, the petitions are hereby DISMISSED. Manzano was eventually proclaimed as the Vice-Mayor of
Makati City on August 31, 1998.
FACTS:
Juan G. Frivaldo was proclaimed governor of the province RULING:
of Sorsogon and assumed office in due time. The League
of Municipalities filed with the COMELEC a petition for the The court ruled that the phrase "dual citizenship" in R.A.
annulment of Frivaldo on the ground that he was not a 7160 Sec. 40 (d) and R.A. 7854 Sec. 20 must be
Filipino citizen, having been naturalized in the United understood as referring to dual allegiance. Dual citizenship
States. is different from dual allegiance. The former arises when,
Frivaldo admitted the allegations but pleaded the special as a result of the application of the different laws of two or
and affirmative defenses that he was naturalized as more states, a person is simultaneously considered a
national by the said states. Dual allegiance on the other
American citizen only to protect himself against President
hand, refers to a situation in which a person
Marcos during the Martial Law era.
simultaneously owes, by some positive act, loyalty to two
or more states. While dual citizenship is involuntary, dual
ISSUE: allegiance is a result of an individual's volition. Article IV
Whether or not Frivaldo is a Filipino citizen. Sec. 5 of the Constitution provides "Dual allegiance of
citizens is inimical to the national interest and shall be dealt
RULING: with by law."
No. Section 117 of the Omnibus Election Code provides
that a qualified voter must be, among other qualifications, Consequently, persons with mere dual citizenship do not
a citizen of the Philippines, this being an indispensable fall under this disqualification. Unlike those with dual
requirement for suffrage under Article V, Section 1, of the allegiance, who must, therefore, be subject to strict
Constitution. process with respect to the termination of their status, for
candidates with dual citizenship, it should suffice if, upon
the filing of their certificates of candidacy, they elect
He claims that he has reacquired Philippine citizenship by
Philippine citizenship to terminate their status as persons
virtue of valid repatriation. He claims that by actively with dual citizenship considering that their condition is the
participating in the local elections, he automatically unavoidable consequence of conflicting laws of different
forfeited American citizenship under the laws of the United states.
States of America. The Court stated that that the alleged
forfeiture was between him and the US. If he really wanted By electing Philippine citizenship, such candidates at the
to drop his American citizenship, he could do so in same time forswear allegiance to the other country of
accordance with CA No. 63 as amended by CA No. 473 which they are also citizens and thereby terminate their
and PD 725. Philippine citizenship may be reacquired by status as dual citizens. It may be that, from the point of
direct act of Congress, by naturalization, or by repatriation. view of the foreign state and of its laws, such an individual
Mercado v. Manzano Case Digest [G.R. No. 135083. has not effectively renounced his foreign citizenship. That
May 26, 1999] is of no moment.
bear true faith and allegiance thereto and that he does so as US citizen in connection therewith. He reacquired
without mental reservation, private respondent has, as far Philippine citizenship through repatriation under RA 2630
as the laws of this country are concerned, effectively and ran for and was elected as a representative. When his
repudiated his American citizenship and anything which he nationality was questioned by petitioner, the HRET
may have said before as a dual citizen. decided that Cruz was a natural born citizen of the
Philippines.
On the other hand, private respondent’s oath of allegiance
to the Philippines, when considered with the fact that he
Issue: WON Cruz is a natural born citizen of the
has spent his youth and adulthood, received his education,
practiced his profession as an artist, and taken part in past Philippines.
elections in this country, leaves no doubt of his election of
Philippine citizenship. Held: YES. Natural-born citizens "are those citizens of the
Philippines from birth without having to perform any act to
His declarations will be taken upon the faith that he will acquire or perfect his Philippine citezenship." On the other
fulfill his undertaking made under oath. Should he betray hand, naturalized citizens are those who have become
that trust, there are enough sanctions for declaring the loss Filipino citizens through naturalization, generally under
of his Philippine citizenship through expatriation in Commonwealth Act No. 473, otherwise known as the
appropriate proceedings. In Yu v. Defensor-Santiago, the Revised Naturalization Law, which repealed the former
court sustained the denial of entry into the country of Naturalization Law (Act No. 2927), and by Republic Act No.
petitioner on the ground that, after taking his oath as a 530.11 To be naturalized, an applicant has to prove that he
naturalized citizen, he applied for the renewal of his
possesses all the qualifications12 and none of the
Portuguese passport and declared in commercial
documents executed abroad that he was a Portuguese disqualification.
national. A similar sanction can be taken against any one
who, in electing Philippine citizenship, renounces his Filipino citizens who have lost their citizenship may
foreign nationality, but subsequently does some act however reacquire the same in the manner provided by
constituting renunciation of his Philippine citizenship. law. Commonwealth Act. No. (C.A. No. 63), enumerates
the three modes by which Philippine citizenship may be
The petition for certiorari is DISMISSED for lack of merit. reacquired by a former citizen: (1) by naturalization, (2) by
repatriation, and (3) by direct act of Congress.
MERCADO VS MANZANO
Posted by kaye lee on 5:15 PM Naturalization is mode for both acquisition and
reacquisition of Philippine citizenship. As a mode of initially
G.R. No. 135083, 26 May 1999 [Dual Citizenship; Dual acquiring Philippine citizenship, naturalization is governed
Allegiance] by Commonwealth Act No. 473, as amended. On the other
hand, naturalization as a mode for reacquiring Philippine
FACTS: citizenship is governed by Commonwealth Act No. 63.16
Under this law, a former Filipino citizen who wishes to
Petition for disqualification was filed against Edu Manzano
to hold elective office on the ground that he is both an reacquire Philippine citizenship must possess certain
American citizen and a Filipino citizen, having been born in qualifications and none of the disqualification mentioned in
the United States of Filipino parents. COMELEC granted Section 4 of C.A. 473.
the petition and disqualified Manzano for being a dual
Repatriation, on the other hand, may be had under various
citizen pursuant to the Local Government Code RA 7160,
that those with dual citizenship are disqualified from statutes by those who lost their citizenship due to: (1)
running any public position. desertion of the armed forces; services in the armed forces
of the allied forces in World War II; (3) service in the Armed
ISSUE: Forces of the United States at any other time, (4) marriage
Whether or not dual citizenship is a ground for of a Filipino woman to an alien; and (5) political economic
disqualification to hold or run office in the local position. necessity.
Registry of Magantarem, Pangasinan in accordance with Philippine citizenship may be reacquired by a former
the aforecited provision, respondent Cruz is deemed to citizen:
have recovered his original status as a natural-born citizen,
a status which he acquired at birth as the son of a Filipino
father. It bears stressing that the act of repatriation allows 1. by naturalization,
him to recover, or return to, his original status before he 2. by repatriation, and
lost his Philippine citizenship 3. by direct act of Congress.
**
BENGSON vs. HRET and CRUZ
G.R. No. 142840
Repatriation may be had under various statutes by those
May 7, 2001
who lost their citizenship due to:
ISSUE: WON Cruz, a natural-born Filipino who became an Facts: On 31 December 2003, Ronald Allan Kelly Poe,
American citizen, can still be considered a natural-born also known as Fernando Poe, Jr. (FPJ), filed his certificate
Filipino upon his reacquisition of Philippine citizenship. of candidacy for the position of President of the Republic of
the Philippines under the Koalisyon ng Nagkakaisang
Pilipino (KNP) Party, in the 2004 national elections. In his
HELD: petition dismissed certificate of candidacy, FPJ, representing himself to be a
natural-born citizen of the Philippines, stated his name to
YES be "Fernando Jr.," or "Ronald Allan" Poe, his date of birth
to be 20 August 1939 and his place of birth to be Manila.
Victorino X. Fornier, (GR 161824) initiated, on 9 January
Filipino citizens who have lost their citizenship may 2004, a petition (SPA 04-003) before the Commission on
however reacquire the same in the manner provided by Elections (COMELEC) to disqualify FPJ and to deny due
law. C.A. No. 63 enumerates the 3 modes by which course or to cancel his certificate of candidacy upon the
Page 7 of 8
thesis that FPJ made a material misrepresentation in his Bessie Kelley, the birth certificate of FPJ, and the death
certificate of candidacy by claiming to be a natural-born certificate of Lorenzo Pou are documents of public record
Filipino citizen when in truth, according to Fornier, his in the custody of a public officer. The documents have
parents were foreigners; his mother, Bessie Kelley Poe, been submitted in evidence by both contending parties
was an American, and his father, Allan Poe, was a Spanish during the proceedings before the COMELEC. But while
national, being the son of Lorenzo Pou, a Spanish subject. the totality of the evidence may not establish conclusively
Granting, Fornier asseverated, that Allan F. Poe was a that FPJ is a natural-born citizen of the Philippines, the
Filipino citizen, he could not have transmitted his Filipino evidence on hand still would preponderate in his favor
citizenship to FPJ, the latter being an illegitimate child of enough to hold that he cannot be held guilty of having
an alien mother. Fornier based the allegation of the made a material misrepresentation in his certificate of
illegitimate birth of FPJ on two assertions: (1) Allan F. Poe candidacy in violation of Section 78, in relation to Section
contracted a prior marriage to a certain Paulita Gomez 74, of the Omnibus Election Code. Fornier has utterly
before his marriage to Bessie Kelley and, (2) even if no failed to substantiate his case before the Court,
such prior marriage had existed, Allan F. Poe, married notwithstanding the ample opportunity given to the parties
Bessie Kelly only a year after the birth of FPJ. On 23 to present their position and evidence, and to prove
January 2004, the COMELEC dismissed SPA 04-003 for whether or not there has been material misrepresentation,
lack of merit. 3 days later, or on 26 January 2004, Fornier which, as so ruled in Romualdez-Marcos vs. COMELEC,
filed his motion for reconsideration. The motion was denied must not only be material, but also deliberate and willful.
on 6 February 2004 by the COMELEC en banc. On 10 The petitions were dismissed.
February 2004, Fornier assailed the decision of the
COMELEC before the Supreme Court conformably with You might also like:
Rule 64, in relation to Rule 65, of the Revised Rules of Civil
Procedure. The petition likewise prayed for a temporary TECSON V. COMELEC
restraining order, a writ of preliminary injunction or any
other resolution that would stay the finality and/or FACTS:
execution of the COMELEC resolutions. The other
petitions, later consolidated with GR 161824, would Respondent Ronald Allan Kelly Poe, also known as
include GR 161434 and GR 161634, both challenging the Fernando Poe, Jr. (FPJ) filed his certificate of candidacy
jurisdiction of the COMELEC and asserting that, under on 31 December 2003 for the position of President of the
Article VII, Section 4, paragraph 7, of the 1987 Constitution, Republic of the Philippines in the forthcoming national
only the Supreme Court had original and exclusive elections. In his certificate of candidacy, FPJ,
jurisdiction to resolve the basic issue on the case. representing himself to be a natural-born citizen of the
Philippines, stated his name to be "Fernando Jr.," or
Issue: Whether FPJ was a natural born citizen, so as to be "Ronald Allan" Poe, his date of birth to be 20 August 1939
allowed to run for the offcie of the President of the and his place of birth to be Manila.
Philippines.