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Co V HRET 199 SCRA 692
Co V HRET 199 SCRA 692
Co V HRET 199 SCRA 692
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______________
* EN BANC.
693
tives, any final action taken by the HRET on a matter within its
jurisdiction shall, as a rule, not be reviewed by this Court . . . the
power granted to the Electoral Tribunal is full, clear and complete
and excludes the exercise of any authority on the part of this Court
that would in any wise restrict it or curtail it or even affect the
same.‰ (pp. 403-404) When may the Court inquire into acts of the
Electoral Tribunals under our constitutional grants of power? In the
later case of Robles v. HRET (181 SCRA 780 [1990]) the Supreme
Court stated that the judgments of the Tribunal are beyond judicial
interference save only „in the exercise of this CourtÊs so-called
extraordinary jurisdiction, x x x upon a determination that the
TribunalÊs decision or resolution was rendered without or in excess
of its jurisdiction, or with grave abuse of discretion or paraphrasing
Morrero, upon a clear showing of such arbitrary and improvident
use by the Tribunal of its power as constitutes a denial of due
process of law, or upon a demonstration of a very clear unmitigated
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694
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the words of the Court in the case of J.M. Tuason v. LTA (31 SCRA
413 [1970]: „To that primordial intent, all else is subordinated. Our
Constitution, any constitution is not to be construed narrowly or
pedantically, for the prescriptions therein contained, to paraphrase
Justice Holmes, are not mathematical formulas having their
essence in their form but are organic living institutions, the
significance of which is vital not formal. . . . .‰ (p. 427)
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695
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citizenship to Jose Ong Chuan as null and void would run against
the principle of due process. Jose Ong Chuan has already been laid
to rest. How can he be given a fair opportunity to defend himself. A
dead man cannot speak. To quote the words of the HRET: „Ong
ChuanÊs lips have long been muted to perpetuity by his demise and
obviously he could not rise beyond where his mortal remains now lie
to defend himself were this matter to be made a central issue in this
case.‰
696
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697
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698
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699
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„The use of the word ÂsoleÊ emphasizes the exclusive character of the
jurisdiction conferred (Angara v. Electoral Commission, supra at p.
162). The exercise of power by the Electoral Commission under the
1935 Constitution has been described as Âintended to be as complete
and unimpaired as if it had originally remained in the legislature.Ê
(id., at p. 175) Earlier this grant of power to the legislature was
characterized by Justice Malcolm as Âfull, clear and complete;
(Veloso v. Board of Canvassers of Leyte and Samar, 39 Phil. 886
[1919]) Under the amended 1935 Constitution, the power was
unqualifiedly reposed upon the Electoral Tribunal and it remained
as full, clear and complete as that previously granted the
Legislature and the Electoral Commission, (Lachica v. Yap, 25
SCRA 140 [1968]) The same may be
700
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701
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702
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703
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704
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705
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706
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707
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708
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709
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710
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711
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712
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713
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presented.
The Constitutional Convention was the sole judge of the
qualifications of Emil Ong to be a member of that body. The
HRET, by explicit mandate of the Constitution, is the sole
judge of the qualifications of Jose Ong, Jr. to be a member
of Congress. Both bodies deliberated at length on the
controversies over which they were sole judges. Decisions
were arrived at only after a full presentation of all relevant
factors which the parties wished to present. Even assuming
that we disagree with their conclusions, we cannot declare
their acts as committed with grave abuse of discretion. We
have to keep clear the line between error and grave abuse.
714
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the district, for a period of not less than one year preceding the day
of the election. This was in effect lifted from the 1973 Constitution,
the interpretation given to it was domicile.‰ (Records of the 1987
Constitutional Convention, Vol. II, July 22, 1986, p. 87)
xxx xxx xxx
„Mrs. Rosario Braid: The next question is on Section 7, page 2. I
think Commissioner Nolledo has raised the same point that
ÂresidentÊ has been interpreted at times as a matter of intention
rather than actual residence.
Mr. De los Reyes: Domicile.
Ms. Rosario Braid: Yes, So, would the gentlemen consider at the
proper time to go back to actual residence rather than mere
intention to reside?
Mr. De los Reyes: But we might encounter some difficulty
especially considering that a provision in the Constitution in the
Article on Suffrage says that Filipinos living abroad may vote as
enacted by law. So, we have to stick to the original concept that it
should be by domicile and not physical and actual residence.‰
(Records of the 1987 Constitutional Commission, Vol. II, July 22,
1986, p. 110)
715
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present.
The private respondent, in the proceedings before the
HRET, sufficiently established that after the fire that
gutted their house in 1961, another one was constructed.
Likewise, after the second fire which again destroyed
their house in 1975, a sixteen-door apartment was built by
their family, two doors of which were reserved as their
family residence. (TSN, Jose Ong, Jr., November 18, 1988,
p. 8)
The petitionersÊ allegation that since the private
respondent owns no property in Laoang, Samar, he cannot,
therefore, be a resident of said place is misplaced.
The properties owned by the Ong Family are in the
name of the private respondentÊs parents. Upon the demise
of his parents, necessarily, the private respondent,
pursuant to the laws of succession, became the co-owner
thereof (as a co-heir), notwithstanding the fact that these
were still in the names of his parents.
Even assuming that the private respondent does not
own any property in Samar, the Supreme Court in the case
of De los Reyes v. Solidum (61 Phil. 893 [1935]) held that it
is not required that a person should have a house in order
to establish his residence and domicile. It is enough that he
should live in the municipality or in a rented house or in
that of a friend or relative. (Emphasis supplied)
To require the private respondent to own property in
order to be eligible to run for Congress would be
tantamount to a property qualification. The Constitution
only requires that the candidate meet the age, citizenship,
voting and residence requirements. Nowhere is it required
by the Constitution that the candidate should also own
property in order to be qualified to run. (see Maquera v.
Borra, 122 Phil. 412 [1965])
It has also been settled that absence from residence to
pursue studies or practice a profession or registration as a
voter other than in the place where one is elected, does not
constitute loss of residence. (Faypon v. Quirino, 96 Phil. 294
[1954])
As previously stated, the private respondent stayed in
Manila for the purpose of finishing his studies and later to
practice his profession. There was no intention to abandon
the residence in Laoang, Samar. On the contrary, the
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716
revertendi.
The Philippines is made up not only of a single race; it
has, rather, undergone an interracial evolution.
Throughout our history, there has been a continuing influx
of Malays, Chinese, Americans, Japanese, Spaniards and
other nationalities. This racial diversity gives strength to
our country.
Many great Filipinos have not been whole-blooded
nationals, if there is such a person, for there is none. To
mention a few, the great Jose Rizal was part Chinese, the
late Chief Justice Claudio Teehankee was part Chinese,
and of course our own President, Corazon Aquino is also
part Chinese. Verily, some Filipinos of whom we are proud
were ethnically more Chinese than the private respondent.
Our citizens no doubt constitute the countryÊs greatest
wealth. Citizenship is a special privilege which one must
forever cherish.
However, in order to truly revere this treasure of
citizenship, we do not, on the basis of too harsh an
interpretation, have to unreasonably deny it to those who
qualify to share in its richness.
Under the overly strict jurisprudence surrounding our
antiquated naturalization laws only the very affluent
backed by influential patrons, who were willing to suffer
the indignities of a lengthy, sometimes humiliating, and
often corrupt process of clearances by minor bureaucrats
and whose lawyers knew how to overcome so many
technical traps of the judicial process were able to acquire
citizenship. It is time for the naturalization law to be
revised to enable a more positive, affirmative, and
meaningful examination of an applicantÊs suitability to be a
Filipino. A more humane, more indubitable and less
technical approach to citizenship problems is essential.
WHEREFORE, the petitions are hereby DISMISSED.
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717
CONCURRING OPINION
SARMIENTO, J.:
(1)
Sec. 17. The Senate and the House of Representatives shall each
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is the best judge of facts and this Court can not substitute
its judgment because it thinks it knows better. 2
In the case of Aratuc v. Commission on Elections, it was
held that this Court can not review the errors of the
Commission on
______________
718
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(2)
________________
719
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720
Protestants, however, make capital of the fact that both Ong Te and
his son, Ong Chuan (protesteeÊs father), appear to have been
registered as Chinese citizens even long after the turn of the
century. Worse, Ong Chuan himself believed the was alien, to the
extent of having to seek admission as a Pilipino citizen through
naturalization proceedings. The point, to our mind, is neither
crucial nor substantial. OngÊs status as a citizen is a matter of law,
rather than of personal belief. It is what the law provides, and not
what one thinks his status to be, which determines whether one is a
citizen of a particular state or not. Mere mistake or
misapprehension as to oneÊs citizenship, it has been held, is not a
sufficient cause or reason for forfeiture of Philippine citizenship; it
does not even constitute estoppel (Palanca vs. Republic, 80 Phil.
578, 584). Too, estoppel applies only to questions of fact and not of
9
law (Tañada v. Cuenco, L-10520, Feb. 28, 1957).
______________
8 Id., 4-5.
9 Id., 5-6.
10 The Delegates present were as follows:
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721
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722
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723
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724
DISSENTING OPINION
PADILLA, J.:
I dissent.
These separate petitions for
*
certiorari and mandamus
seek to annul the decision of respondent House of
Representatives Electoral Tribunal (hereinafter referred to
as the tribunal) dated 6 November 1989 which declared
private respondent Jose L. Ong, a natural-born citizen of
the Philippines and a legal resident of Laoang, Northern
Samar, and the resolution of the tribunal dated 22
February 1990 denying petitionersÊ motions for
reconsideration.
In G.R. Nos. 92191-92, petitioner Co also prays that the
Court declare private respondent Ong not qualified to be a
Member of the House of Representatives and to declare
him (petitioner Co)
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725
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726
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„8. On the same day, Jose Ong Chuan having taken the
corresponding oath of allegiance to the Constitution
and the Government of the Philippines as
prescribed by Section 12 of Commonwealth Act No.
473, was issued the corresponding Certificate of
Naturalization. (Exh. G)
„9. On November 10, 1970, Emil L. Ong, a full-brother
of the protestee and a son born on July 25, 1937 at
Laoang, Samar to the spouses Jose Ong Chuan and
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727
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728
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729
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„It is the role of the Judiciary to refine and, when necessary, correct
constitutional (and/or statutory) interpretation, in the context of the
interactions of the three branches of the government, almost always
in situations where some agency of the State has engaged in action
that stems ultimately from some legitimate area of governmental
power (the Supreme Court in Modern Role, C.B. Sevisher, 1958, p.
4
36).‰
_____________
730
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731
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operation of
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8 Burca vs. Republic, G.R. No. L-24252, January 30, 1967, 19 SCRA
186.
732
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10
In Republic vs. Go Bon Lee, this Court held that:
_____________
9 Sia Reyes vs. Deportation Board, No. L-31763, May 30, 1983, 122 SCRA
478.
10 G.R. No. L-11499, April 29, 1961, 1 SCRA citing U.S. vs. Spon-rer, 175
Fed. 440.
733
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11 Cuaski Tan Si vs. Republic, G.R. No. L-18006, October 31, 1962, 6
SCRA 545.
12 Labo vs. COMELEC, G.R. No. 86564, August 1, 1989, 176 SCRA 1.
734
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14
In Cua Sun Ke vs. Republic, this Court held that:
______________
13 Tan vs. Republic, G.R. No. L-28706, January 30, 1971, 37 SCRA
353.
14 G.R. No. L-29674, April 8, 1988, 159 SCRA 477.
735
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736
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18 Nitafan vs. Commissioner of Internal Revenue, G.R. No. L-78780, July 23,
1987, 152 SCRA 284.
737
has been debated before and is being debated even now. We will
recall that during the 1971 Constitutional Convention, the status of
natural-born citizenship of one of the delegates, Mr. Ang, was
challenged precisely because he was a citizen by election. Finally,
the 1971 Constitutional Convention considered him a natural-born
citizen, one of the requirements to be a Member of the 1971
Constitutional Convention. The reason behind that decision was
that a person under his circumstances already had the inchoate
right to be a citizen by the fact that the mother was a Filipino. And
as a matter of fact, the 1971 Constitutional Convention formalized
that recognition by adopting paragraph 2 of Section 1 of the 1971
Constitution. So, the entire purpose of this proviso is simply to
perhaps remedy whatever injustice there may be so that these
people born before January 17, 1973 who are not naturalized and
people who are not natural born but who are in the same situation
as we are considered natural-born citizens. So, the intention of the
19
Committee in proposing this is to equalize their status.‰
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738
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739
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22 Acar vs. Rosal, G.R. No. L-21707, March 18, 1967, 19 SCRA 625.
23 G.R. No. 92191-92, Rollo, p. 40.
24 Sections 1 and 2, C.A. 625 state:
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SUPREME COURT REPORTS ANNOTATED VOLUME 199 1/25/24, 10:18 PM
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„Sound policy dictates that public elective offices are filled by those
who have the highest number of votes cast in the election for that
office, and it is a fundamental idea in all republican forms of
government that no one can be declared elected and no measure can
be declared carried unless he or it receives a majority or plurality of
the legal votes cast in the election. (20 Corpus Juris 2nd, S 243, p.
676). „As early as 1912, this Court has already declared that the
candidate who lost in an election cannot be proclaimed the winner
in the event that the candidate who won is found ineligible for the
office to which he was elected. This was the ruling in Topacio v.
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ÂAgain, the effect of a decision that a candidate is not entitled to the office
because of fraud or irregularities in the election is quite different from
that produced by declaring a person ineligible to hold such an office. x x x
If it be found that the successful candidate (according to the board of
canvassers) obtained a plurality in an illegal manner, and that another
candidate was the real victor, the former must retire in favor of the
latter. In the other case, there is not, strictly speaking, a contest, as the
wreath of victory cannot be transferred from an ineligible to any other
candidate when the sole question is the eligibility of
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28 Luison vs. Garcia, No. L-10981, April 25, 1958, 103 Phil. 453.
29 Topacio vs. Paredes, No. 8069, October 7, 1912, 23 Phil. 238.
30 Llamoso vs. Ferrer, et al. No. L-2470. August 30, 1949, 84 Phil. 490.
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the one receiving a plurality of the legally cast ballots. x x x.‰
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31 Geronimo vs. Ramos, G.R. No. 60504, May 14, 1985, 136 SCRA 435.
32 Two (2) of the members of said 1971 Constitutional Convention are
now distinguished members of the Court, namely, Sarmiento and Davide,
JJ. and they are part of the voting majority in this case.
33 G.R. Nos. 92191-92, Rollo, pp. 42-43.
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to the Constitutional Convention.‰
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Y, Z, AA, BB,
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