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    1. Ching was born in 1964 to a Chinese father and Filipino mother. Under the 1935 Constitution governing citizenship at that time, he took his father's Chinese citizenship unless electing Philippine citizenship upon reaching age 21. 2. Ching did not elect Philippine citizenship until 1999 when he was 35 years old, well past the reasonable period of time expected under the law. 3. The Supreme Court denied Ching's application, ruling that he was not a Filipino citizen as he failed to elect Philippine citizenship within a reasonable time period after reaching

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    1. Ching was born in 1964 to a Chinese father and Filipino mother. Under the 1935 Constitution governing citizenship at that time, he took his father's Chinese citizenship unless electing Philippine citizenship upon reaching age 21. 2. Ching did not elect Philippine citizenship until 1999 when he was 35 years old, well past the reasonable period of time expected under the law. 3. The Supreme Court denied Ching's application, ruling that he was not a Filipino citizen as he failed to elect Philippine citizenship within a reasonable time period after reaching

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    234 views2 pages

    Constitutional Law - Citizenship Case Digest

    Uploaded by

    Cha
    1. Ching was born in 1964 to a Chinese father and Filipino mother. Under the 1935 Constitution governing citizenship at that time, he took his father's Chinese citizenship unless electing Philippine citizenship upon reaching age 21. 2. Ching did not elect Philippine citizenship until 1999 when he was 35 years old, well past the reasonable period of time expected under the law. 3. The Supreme Court denied Ching's application, ruling that he was not a Filipino citizen as he failed to elect Philippine citizenship within a reasonable time period after reaching

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    of 2

    BAR MATTER No.

    914
    October 1, 1999
    RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR,
    VICENTE D. CHING 316 SCRA 1

    FACTS:
    Vicente D. Ching, the legitimate son of the spouses Tat Ching, a Chinese citizen, and
    Prescila A. Dulay, a Filipino, was born in Francia West, Tubao, La Union on 11 April 1964.
    Since his birth, Ching has resided in the Philippines. On 17 July 1998, Ching, after having
    completed a Bachelor of Laws course at the St. Louis University in Baguio City, filed an
    application to take the 1998 Bar Examinations. In a Resolution of this Court, he was allowed to
    take the bar, subject to the condition that he must submit to the Court proof of his Philippine
    citizenship. In compliance, Ching submitted the following documents:

    1. Certification issued by the Board of Accountancy of the Professional Regulations


    Commission that he is a certified public accountant;
    2. Voter Certification issued by Commission on Elections in Tubao La Union; and
    3. Certification showing that he was elected as a member of the Sangguniang Bayan of
    Tubao, La Union.

    On 5 April 1999, the results of the 1998 Bar Examinations were released and Ching was
    one of the successful Bar examinees and the oath-taking was scheduled on 5 May 1999.
    However, because of the questionable status of Ching's citizenship, he was not allowed to take
    his oath. The Office of the Solicitor General (OSG) filed its comment stating that Ching, being
    the “legitimate child of a Chinese father and a Filipino mother born under the 1935 Constitution
    was a Chinese citizen and continued to be so, unless upon reaching the age of majority he elected
    Philippine citizenship”.

    ISSUE:
    1. Whether or not Ching is a Filipino citizen.
    2. Whether or not his election to Philippine citizenship within the reasonable time
    prescribed by the law.

    RULING:
    1. No. Ching is not a Filipino citizen.
    Since the applicant was born on 1964, the governing charter with regards to
    citizenship issue is the 1935 constitution. Therefore as what is provided by the said
    constitution, which said that the citizenship of a legitimate child born of a Filipino mother
    with an alien father followed the citizenship of the father unless upon reaching the age of
    majority which is 21 years of age elected Philippine citizenship.
    2. No. His election to Philippine citizenship is beyond the reasonable time prescribed by the
    law.
    Ching did not elect his citizenship when he reach 21 years old but instead in 1999
    which is 14 years after reaching the age of majority which the court considered as not
    within the reasonable period of time considering the length of 14 years after he reaches
    21 year sold. In addition to that, the court said that Philippine citizenship can never be
    treated like commodity that can be claimed when needed and suppressed when
    convenient. In view of the foregoing, the court denies Vicente D. Ching’s application for
    admission to the Philippine bar.

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