Bar Matter No.

914, October 1, 1999

Re: Application for Admission to the Philippine Bar
vs.
Vicente D. Ching, petitioner

Facts: 

Vicente D. Ching, a legitimate child of a Filipino mother and an alien Chinese

father, was born on April 11, 1964 in Tubao La Union, under the 1935
Constitution. He has resided in the Philippines

He completed his Bachelor of Laws at SLU in Baguio on July 1998, filed an

application to take the 1998 Bar Examination.
The Resolution in this Court, he was allowed to take the bar if he submit to the
Court the following documents as proof of his Philippine Citizenship:
1. Certification  issued by the PRC Board of Accountancy that Ching is a certified
accountant;
2. Voter Certification issued COMELEC in Tubao La Union showing that Ching is a
registered voter of his place; and
3. Certification showing that Ching was elected as member of the Sangguniang
Bayan of Tubao, La Union
On April 5, 1999, Ching was one of the bar passers. The 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.
He was required to submit further proof of his citizenship.
The Office of the Solicitor General  was required to file a comment on Ching's
petition for admission to the Philippine Bar.
In his report:
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 compliance with the provisions of Commonwealth Act No. 265 "an act
providing for the manner in which the option to 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 jurisprudence.

Issue:

Whether or not he has elected Philippine citizenship within "a reasonable time".

Rulings:

1. No. Ching, despite the special circumstances, failed to elect Philippine

citizenship within a reasonable time. The reasonable time means that the election
should be made within 3 years from  "upon reaching the age of majority", which is
21 years old. Instead, he elected Philippine citizenship 14 years after reaching the
age of majority which the court considered not within the reasonable time. Ching
offered no reason why he delayed his election of Philippine citizenship, as
procedure in electing Philippine citizenship is not a tedious and painstaking
process. All that is required is an affidavit of election of Philippine citizenship and
file the same with the nearest civil registry.