KILOS BAYAN FOUNDATION V.

EXECUTIVE SECRETARY
G.R. No. 177721, July 3, 2007

AZCUNA, J.:

I. FACTS

 Kilos Bayan is an NGO aimed at protecting people’s rights to self-governance and

justice
 Kilos Bayan petitioned the appointment of Gregory Ong as an Associate Justice of the
Supreme Court to replace Justice Callejo, Sr.
 Ong’s appointment was recalled or held in abeyance due to questions on his
citizenship
 PETITIONERS’ CASE
o Ong’s appointment is patently unconstitutional, arbitrary, whimsical, and
issued with grave abuse of discretion amounting to lack of jurisdiction
o Section 7(1), Article VIII: Ong is a Chinese citizen as indicated in his birth
certificate (prima facie evidence), even if his father was naturalized after 11
years
o Article 412, Civil Code: As long as there is no judicial order, the whole world
is bound by what is written in Ong’s birth certificate
o Birth certificate prevails over Ong’s new Identification Certificate issued by
Bureau of Immigration, DOJ
 RESPONDENT’S CASE
o Section 9, Article VIII: President has the power to appoint members of the Sc
and Judger of lower courts for every vacancy. This needs no confirmation.
o Appointment was not released, but referred to JBC for validation of Ong’s
citizenship
o President did not gravely abuse her discretion as she appointed a person, duly
nominated by the JBC
o Ong is a natural-born citizen as determined by the BI and affirmed by the
DOJ, which have the authority and jurisdiction to make determination on
matters of citizenship
o Petitioners are not entitled to a TRO
o They have locus standi as the case is one of transcendental importance
 ONG’S CASE
o Petitioners have no standing to file the present suit, and did not include the
President
o Issue ought to be raised to JBC

II. ISSUES

1. Is Ong a natural-born citizen of the Philippines?

 III. RULING

1. No, Ong is not a natural-born citizen of the Philippines.

The petition is GRANTED. Ong is ENJOINED from accepting an appointment to the

position of Associate Justice of the Supreme Court until he complete all necessary steps.

IV. RATIO

1. Ong is a naturalized citizen, not a natural-born Filipino citizen.

a. RA 9048, Section 2(3): No substantial change or correction in an entry of
civil registry can be made without a judicial order, including the change in
citizenship status
b. Respondent Ong has the burden to prove in court his alleged ancestral tree
and citizenship under the time-line of three Constitutions