Kilosbayan V Executive Secretary

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Temporal

CASE TITLE: KILOSBAYAN FOUNDATION AND BANTAY KATARUNGAN FOUNDATION, petitioners,


vs. EXECUTIVE SECRETARY EDUARDO R. ERMITA; SANDIGANBAYAN JUSTICE GREGORY S.
ONG, respondents.

G.R. NUMBER & DATE: G.R. No. 177721; July 3, 2007

PETITIONERS: KILOSBAYAN FOUNDATION AND BANTAY KATARUNGAN FOUNDATION


RESPONDENTS: EXECUTIVE SECRETARY EDUARDO R. ERMITA; SANDIGANBAYAN JUSTICE
GREGORY S. ONG

NATURE OF CASE: Petition for Review on certiorari under Rule 65 of the Rules of Court.
DOCTRINE/PRINCIPLE:

FACTS:
 The case arose when Gregory Ong was appointed by Executive Secretary, in representation of the
Office of the President as Associate Justice of the Supreme Court.
 Petitioners contended that respondent Ong is a Chinese citizen, born on May 25, 1953 to Chinese
parents. They added that even if it were granted that eleven years after Ong’s birth, his father was
finally granted Filipino citizen by naturalization, that, by itself, would not make respondent Ong a
natural-born citizen.
Petitioner’s Arguments:
Respondent's Arguments:
 Contended that he is natural-born citizen and presented a certification from the Bureau of Immigration
and the DOJ declaring him to be such

ISSUE: WON Respondent Ong is a natural-born Filipino Citizen?

FALLO: This Decision is FINAL and IMMEDIATELY EXECUTORY.

HELD: No. Need judicial proceedings under Rules of Court Rule 108.
 Administrative proceedings alone cannot change the significant entries in one’s records, such as one’s
citizenship status in his/her birth certificate. The court decided that evidence to prove that Ong is indeed
a natural-born citizen is through court proceedings – until he does otherwise, he is recognized as a
NATURALIZED citizen
 Ong is enjoined from accepting appointment to the position of associate Justice or assuming the
position and discharging the functions of that office until he successfully completed ALL necessary
steps to show that he is a natural-born citizen and correct the records of his birth and citizenship

Notes:

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