Republic Vs Lim 08/07/2014
Republic Vs Lim 08/07/2014
In her petition, respondent claimed that she was born on October 29,
1954 in Buru-an, Iligan City. Her birth was registered in Kauswagan, Lanao
del Norte but the Municipal Civil Registrar of Kauswagan transferred her
record of birth to Iligan City. She alleged that both her Kauswagan and
Iligan City records of birth have four erroneous entries, and prays that they
be corrected.
The Republic, through the City Prosecutor of Iligan City, did not
present any evidence although it actively participated in the proceedings by
attending hearings and cross-examining respondent and her witnesses.
On February 22, 2000, the trial court granted respondent’s petition
and rendered judgment as follows:
WHEREFORE, the foregoing premises considered, to set the records of
the petitioner straight and in their proper perspective, the petition is granted
and the Civil Registrar of Iligan City is directed to make the following
corrections in the birth records of the petitioner, to wit:
1. Her family name from “YO” to “YU”;
2. Her father’s name from “YO DIU TO (CO TIAN)” to “YU DIOTO
(CO TIAN)”;
3. Her status from “legitimate” to “illegitimate” by changing “YES”
to “NO” in answer to the question “LEGITIMATE?”; and,
4. Her citizenship from “Chinese” to “Filipino”.
SO ORDERED.[4]
The Republic of the Philippines appealed the decision to the Court of
Appeals which affirmed the trial court’s decision.[5]
Hence, this petition on the following assigned errors:
I
THE COURT OF APPEALS ERRED IN ORDERING THE CORRECTION OF
THE CITIZENSHIP OF RESPONDENT CHULE Y. LIM FROM “CHINESE” TO
“FILIPINO” DESPITE THE FACT THAT RESPONDENT NEVER
DEMONSTRATED ANY COMPLIANCE WITH THE LEGAL
REQUIREMENTS FOR ELECTION OF CITIZENSHIP.
II
THE COURT OF APPEALS ERRED IN ALLOWING RESPONDENT TO
CONTINUE USING HER FATHER’S SURNAME DESPITE ITS FINDING THAT
RESPONDENT IS AN ILLEGITIMATE CHILD. [6]
To digress, it is just as well that the Republic did not cite as error
respondent’s recourse to Rule 108 of the Rules of Court to effect what
indisputably are substantial corrections and changes in entries in the
civil register. To clarify, Rule 108 of the Revised Rules of Court provides
the procedure for cancellation or correction of entries in the civil
registry. The proceedings under said rule may either be summary or
adversary in nature.
Before the Court are three consolidated cases, all of which raise a
single question of profound importance to the nation. The issue of
citizenship is brought up to challenge the qualifications of a
presidential candidate to hold the highest office of the land. Our
people are waiting for the judgment of the Court with bated breath. Is
Fernando Poe, Jr., the hero of silver screen, and now one of the main
contenders for the presidency, a natural-born Filipino or is he not?
II.
On 23 January 2004, the COMELEC dismissed SPA No. 04-003 for lack
of merit. Three days later, or on 26 January 2004, Fornier filed his motion
for reconsideration. The motion was denied on 06 February 2004 by the
COMELEC en banc. On 10 February 2004, petitioner assailed the decision of
the COMELEC before this Court conformably with Rule 64, in relation to Rule
65, of the Revised Rules of Civil Procedure.
The birth certificate of FPJ was marked Exhibit "A" for petitioner and
Exhibit "3" for respondent. The marriage certificate of Allan F. Poe to Bessie
Kelley was submitted as Exhibit "21" for respondent. The death certificate of
Lorenzo Pou was submitted by respondent as his Exhibit "5." While the last
two documents were submitted in evidence for respondent, the admissibility
thereof, particularly in reference to the facts which they purported to
show, i.e., the marriage certificate in relation to the date of marriage of
Allan F. Poe to Bessie Kelley and the death certificate relative to the death of
Lorenzo Pou on 11 September 1954 in San Carlos, Pangasinan, were all
admitted by petitioner, who had utilized those material statements in his
argument. All three documents were certified true copies of the originals.
Section 3, Rule 130, Rules of Court states that -
“Original document must be produced; exceptions. - When the subject
of inquiry is the contents of a document, no evidence shall be admissible
other than the original document itself, except in the following cases:
“x x x x x x x x x
“(d) When the original is a public record in the custody of a public
office or is recorded in a public office.”
Under the Civil Code of Spain, which was in force in the Philippines
from 08 December 1889 up until the day prior to 30 August 1950 when the
Civil Code of the Philippines took effect, acknowledgment was required to
establish filiation or paternity. Acknowledgment was either judicial
(compulsory) or voluntary. Judicial or compulsory acknowledgment was
possible only if done during the lifetime of the putative parent; voluntary
acknowledgment could only be had in a record of birth, a will, or a public
document.[32] Complementary to the new code was Act No. 3753 or the Civil
Registry Law expressing in Section 5 thereof, that -
“In case of an illegitimate child, the birth certificate shall be signed
and sworn to jointly by the parents of the infant or only by the mother if
the father refuses. In the latter case, it shall not be permissible to state or
reveal in the document the name of the father who refuses to acknowledge
the child, or to give therein any information by which such father could be
identified.”
The Court Resolved to set aside the decision of April 29, 1968 and to
grant the re-opening and new trial prayed for, which shall take place before
the Court's Investigating Officer on the days specified by him upon notice to
respondent Mallare, the Commissioner of Immigration and the Solicitor
General, wherein said parties may adduce all proper additional evidence that
they may desire to present. The proofs taken at the original investigation
shall not be retaken, but considered as part of the evidence in the new trial.
Thereafter, the Court Investigator shall submit his report on this Tribunal.
(Emphasis supplied)
Exhibit "7", opinion of the Solicitor General, dated July 25, 1962,
recognizing respondent Florencio Mallare as a Filipino citizen;
Exhibit "L", landing certificate of Te Na (respondent's mother), dated
July 7, 1926, wherein she was certified as "wife of P.I. citizen";
Exhibit "K-9", certification by the municipal treasurer of Macalelon,
Quezon that Esteban Mallare was registered in the Registry List of Voters on
April 14, 1928; and
The entry in the baptismal registry of the Immaculate Concepcion
Church at Macalelon, Quezon, purporting to show that Esteban Mallare was
the natural child of Ana Mallare, a Filipina.
(b) Rafael Catarroja 77 years old and former mayor of Macalelon who
declared that he knew Esteban Mallare even as a child; 5 that Esteban was
then living with his mother, Ana Mallare, a Tagala, who was cohabiting with
a Chinese;6 that Esteban started voting in 1934, and became one of his (the
witness') campaign leaders when he ran for the mayor ship in 1934. 7
The assertion of the witnesses, which have not been controverted, that
Ana Mallare is a Tagalog (and, therefore, a Filipino citizen), cannot be
assailed as being mere conclusions devoid of evidentiary value. The
declarations were not only based on the reputation in the community
regarding her race or race-ancestry, which is admissible in evidence, but
they must have certain factual basis.
And any error on his part can not affect respondent Florencio Mallare.
With respect to the registration of respondent as a citizen of China in 1950
(Exh. "N"), it was explained that this was secured by respondent's mother,
on the belief that upon the death of her husband, Esteban Mallare, she
and her children reverted to Chinese citizenship. At any rate, even
assuming that said documents were prepared with actual knowledge and
consent by respondent or by his parents, on the erroneous belief that
Esteban was a non-Filipino, such acts would not cause the loss or forfeiture
of Philippine citizenship 17 which Esteban acquired from his Filipino mother.
Complainant places much emphasis on the convicting testimonies of
the expert witnesses on the entry in the baptismal registry of the
Immaculate Concepcion church. The discrepancy in the testimonies of said
witnesses, however, loses significance in the face of the finding, based on
other evidence that Esteban Mallare is the natural child of Ana Mallare, born
to her in 1903 at Macalelon, Quezon.
Upon the foregoing considerations, and on the basis of the original and
additional evidence herein adduced the decision of this Court dated April 29,
1968, is hereby definitely set aside, and the complaint in this case is
DISMISSED, without pronouncement as to costs.
Makalintal, C.J., Zaldivar, Castro, Fernando, Teehankee, Barredo,
Antonio, Esguerra, Muñoz Palma and Aquino, JJ., concur.
Makasiar, J., took no part.
08/07/2014
EN BANC
[B.M. No. 914. October 1, 1999]
RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR
VICENTE D. CHING, applicant.
RESOLUTION
KAPUNAN, J.:
Can a legitimate child born under the 1935 Constitution of a Filipino
mother and an alien father validly elect Philippine citizenship fourteen (14)
years after he has reached the age of majority? This is the question sought
to be resolved in the present case involving the application for admission to
the Philippine Bar of Vicente D. Ching.
The OSG filed its comment on 8 July 1999, 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” [1] in strict
compliance with the provisions of Commonwealth Act No. 625 entitled "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."
The OSG adds that (w)hat he acquired at best was only an inchoate
Philippine citizenship which he could perfect by election upon reaching the
age of majority."[2] In this regard, the OSG clarifies that "two (2) conditions
must concur in order that the election of Philippine citizenship may be
effective, namely:
(a) the mother of the person making the election must be a citizen of
the Philippines; and (b) said election must be made 'upon reaching the age
of majority.’”[3] The OSG then explains the meaning of the phrase "upon
reaching the age of majority:"
The clause "upon reaching the age of majority" has been
construed to mean a reasonable time after reaching the age of majority
which had been interpreted by the Secretary of Justice to be three (3) years
(VELAYO, supra at p. 51 citing Op., Sec. of Justice No. 70, s. 1940, Feb. 27,
1940). Said period may be extended under certain circumstances, as when
a (sic) person concerned has always considered himself a Filipino (ibid.,
citing Op. Nos. 355 and 422, s. 1955; 3, 12, 46, 86 and 97, s. 1953). But
in Cuenco, it was held that an election done after over seven (7) years was
not made within a reasonable time.
In conclusion, the OSG points out that Ching has not formally elected
Philippine citizenship and, if ever he does, it would already be beyond the
"reasonable time" allowed by present jurisprudence. However, due to the
peculiar circumstances surrounding Ching's case, the OSG recommends the
relaxation of the standing rule on the construction of the phrase “reasonable
period" and the allowance of Ching to elect Philippine citizenship in
accordance with C.A. No. 625 prior to taking his oath as a member of the
Philippine Bar.
When Ching was born in 1964, the governing charter was the 1935
Constitution. Under Article IV, Section 1(3) of the 1935 Constitution, the
citizenship of a legitimate child born of a Filipino mother and an alien father
followed the citizenship of the father, unless, upon reaching the age of
majority, the child elected Philippine citizenship.
[4]
This right to elect Philippine citizenship was recognized in the 1973
Constitution when it provided that "(t)hose who elect Philippine citizenship
pursuant to the provisions of the Constitution of nineteen hundred and
thirty-five" are citizens of the Philippines.[5] Likewise, this recognition by the
1973 Constitution was carried over to the 1987 Constitution which states
that "(t)hose born before January 17, 1973 of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority" are Philippine
citizens.[6] It should be noted, however, that the 1973 and 1987
Constitutional provisions on the election of Philippine citizenship should not
be understood as having a curative effect on any irregularity in the
acquisition of citizenship for those covered by the 1935 Constitution. [7] If the
citizenship of a person was subject to challenge under the old charter, it
remains subject to challenge under the new charter even if the judicial
challenge had not been commenced before the effectivity of the new
Constitution.[8]
C.A. No. 625 which was enacted pursuant to Section 1(3), Article IV of
the 1935 Constitution, prescribes the procedure that should be followed in
order to made a valid election of Philippine citizenship. Under Section 1
thereof, legitimate children born of Filipino mothers may elect Philippine
citizenship by expressing such intention "in a statement to be signed and
sworn to by the party concerned before any officer authorized to
administer oaths, and shall be filed with the nearest civil
registry. The said party shall accompany the aforesaid statement with the
oath of allegiance to the Constitution and the Government of the
Philippines."
However, the 1935 Constitution and C.A. No. 625 did not
prescribe a time period within which the election of Philippine
citizenship should be made.
The 1935 Charter only provides that the election should be made
"upon reaching the age of majority." The age of majority then commenced
upon reaching twenty-one (21) years.[9] In the opinions of the Secretary of
Justice on cases involving the validity of election of Philippine citizenship,
this dilemma was resolved by basing the time period on the decisions of this
Court prior to the effectivity of the 1935 Constitution. In these decisions,
the proper period for electing Philippine citizenship was, in turn, based on
the pronouncements of the Department of State of the United States
Government to the effect that the election should be made within a
"reasonable time" after attaining the age of majority.[10] The phrase
“reasonable time" has been interpreted to mean that the election should be
made within three (3) years from reaching the age of majority. [11] However,
we held in Cuenco vs. Secretary of Justice,[12] that the three (3) year period
is not an inflexible rule.
We said:
It is true that this clause has been construed to mean a reasonable
period after reaching the age of majority, and that the Secretary of Justice
has ruled that three (3) years is the reasonable time to elect Philippine
citizenship under the constitutional provision adverted to above, which
period may be extended under certain circumstances, as when the person
concerned has always considered himself a Filipino. [13]
The ruling in Mallare was reiterated and further elaborated in Co vs.
Electoral Tribunal of the House of Representatives,[18] where we held:
We have jurisprudence that defines 'election' as both a formal and an
informal process.
In the case of In re: Florencio Mallare (59 SCRA 45 [1974]) the Court
held that the exercise of the right of suffrage and the participation in election
exercises constitute a positive act of election of Philippine citizenship. In the
exact pronouncement of the Court we held:
“Esteban s exercise of the right of suffrage when he came of age
constitutes a positive act of Philippine citizenship” (p. 52: emphasis
supplied)”
The private respondent did more than merely exercise his right of
suffrage. He has established his life here in the Philippines.
For those in the peculiar situation of the respondent who cannot be
expected to have elected Philippine citizenship as they were already citizens,
we apply the In Re Mallare rule.
xxx
The filing of sworn statement or formal declaration is a requirement for
those who still have to elect citizenship. For those already Filipinos when the
time to elect came up, there are acts of deliberate choice which cannot be
less binding. Entering a profession open only to Filipinos, serving in public
office where citizenship is a qualification, voting during election time,
running for public office, and other categorical acts of similar nature are
themselves formal manifestations for these persons.
An election of Philippine citizenship presupposes that the person
electing is an alien. Or his status is doubtful because he is a national of two
countries. There is no doubt in this case about Mr. Ong's being a Filipino
when he turned twenty-one (21).
We repeat that any election of Philippine citizenship on the part of the
private respondent would not only have bean superfluous but would also
have resulted in an absurdity. How can a Filipino citizen elect Philippine
citizenship?[19]
PEREZ, J.:
Should children born under the 1935 Constitution of a Filipino mother
and an alien father, who executed an affidavit of election of Philippine
citizenship and took their oath of allegiance to the government upon
reaching the age of majority, but who failed to immediately file the
documents of election with the nearest civil registry, be considered
foreign nationals subject to deportation as undocumented aliens for failure to
obtain alien certificates of registration?
Positioned upon the facts of this case, the question is translated into
the inquiry whether or not the omission negates their rights to Filipino
citizenship as children of a Filipino mother, and erase the years lived and
spent as Filipinos.
The Facts
Balgamelo Cabiling Ma (Balgamelo), Felix Cabiling Ma, Jr. (Felix, Jr.),
Valeriano Cabiling Ma (Valeriano), Lechi Ann Ma (Lechi Ann), Arceli Ma
(Arceli), Nicolas Ma (Nicolas), and Isidro Ma (Isidro) are the children of Felix
(Yao Kong) Ma,1 a Taiwanese, and Dolores Sillona Cabiling, a Filipina. 2
Records reveal that petitioners Felix, Jr., Balgamelo and Valeriano
were all born under aegis of the 1935 Philippine Constitution in the years
1948, 1951, and 1957, respectively.3
They were all raised in the Philippines and have resided in this country
for almost sixty (60) years; they spent their whole lives, studied and
received their primary and secondary education in the country; they do not
speak nor understand the Chinese language, have not set foot in Taiwan,
and do not know any relative of their father; they have not even traveled
abroad; and they have already raised their respective families in the
Philippines.4
Records further reveal that Lechi Ann and Arceli were born also in
Surigao City in 195312 and 1959,13respectively. The Office of the City Civil
Registrar issued a Certification to the effect that the documents showing that
Arceli elected Philippine citizenship on 27 January 1986 were registered in its
Office on 4 February 1986. However, no other supporting documents appear
to show that Lechi Ann initially obtained an ACR nor that she subsequently
elected Philippine citizenship upon reaching the age of majority. Likewise, no
document exists that will provide information on the citizenship of Nicolas
and Isidro.
The Complaint
On 16 February 2004, the Bureau of Immigration received the
Complaint-Affidavit14 of a certain Mat G. Catral (Mr. Catral), alleging that
Felix (Yao Kong) Ma and his seven (7) children are undesirable and
overstaying aliens. Mr. Catral, however, did not participate in the
proceedings, and the Ma family could not but believe that the complaint
against them was politically motivated because they strongly supported a
candidate in Surigao City in the 2004 National and Local Elections. 15
On 9 November 2004, the Legal Department of the Bureau of
Immigration charged them for violation of Sections 37(a)(7) 16 and 45(e)17 of
Commonwealth Act No. 613, otherwise known as the Philippine Immigration
Act of 1940, as amended. The Charge Sheet18 docketed as BSI-D.C. No. AFF-
04-574 (OC-STF-04-09/23-1416) reads, in part:
That Respondents x x x, all Chinese nationals, failed and continuously
failed to present any valid document to show their respective status in the
Philippines. They likewise failed to produce documents to show their election
of Philippines (sic) citizenship, hence, undocumented and overstaying foreign
nationals in the country.
That respondents, being aliens, misrepresent themselves as Philippine
citizens in order to evade the requirements of the immigration laws.
Ruling of the Board of Commissioners, Bureau of Immigration
After Felix Ma and his seven (7) children were afforded the opportunity
to refute the allegations, the Board of Commissioners (Board) of the Bureau
of Immigration (BI), composed of the public respondents, rendered a
Judgment dated 2 February 2005 finding that Felix Ma and his children
violated Commonwealth Act No. 613, Sections 37(a)(7) and 45(e) in relation
to BI Memorandum Order Nos. ADD-01-031 and ADD-01-035 dated 6 and
22 August 2001, respectively.19
The Board ruled that since they elected Philippine citizenship after the
enactment of Commonwealth Act No. 625, which was approved on 7 June
1941, they were governed by the following rules and regulations:
1. Section 1 of Commonwealth Act No. 625, providing that the election
of Philippine citizenship embodied in a statement sworn before any officer
authorized to administer oaths and the oath of allegiance shall be filed with
the nearest civil registry;20 and Commission of Immigration and Deportation
(CID, now Bureau of Immigration [BI]) Circular dated 12 April
1954,21 detailing the procedural requirements in the registration of the
election of Philippine citizenship.
2. Memorandum Order dated 18 August 195622 of the CID, requiring
the filing of a petition for the cancellation of their alien certificate of
registration with the CID, in view of their election of Philippine citizenship;
3. Department of Justice (DOJ) Opinion No. 182, 19 August 1982; and
DOJ Guidelines, 27 March 1985, requiring that the records of the
proceedings be forwarded to the Ministry (now the Department) of Justice
for final determination and review.23
As regards the documentation of aliens in the
Philippines, Administrative Order No. 1-93 of the Bureau of
Immigration24 requires that ACR, E-series, be issued to foreign nationals who
apply for initial registration, finger printing and issuance of an ACR in
accordance with the Alien Registration Act of 1950. 25 According to public
respondents, any foreign national found in possession of an ACR other than
the E-series shall be considered improperly documented aliens and may be
proceeded against in accordance with the Immigration Act of 1940 or the
Alien Registration Act of 1950, as amended.26
Supposedly for failure to comply with the procedure to prove a valid
claim to Philippine citizenship via election proceedings, public respondents
concluded that Felix, Jr. Balgamelo, Arceli, Valeriano and Lechi Ann are
undocumented and/or improperly documented aliens. 27
Nicolas and Isidro, on the other hand, did not submit any document to
support their claim that they are Philippine citizens. Neither did they present
any evidence to show that they are properly documented aliens. For these
reasons, public respondents likewise deemed them undocumented and/or
improperly documented aliens.28
The dispositive portion29 of the Judgment of 2 February 2005 reads:
1. Subject to the submission of appropriate clearances, summary
deportation of Felix (Yao Kong) Ma, Felix Ma, Jr., Balgamelo Ma, Valeriano
Ma, Lechi Ann Ma, Nicolas Ma, Arceli Ma and Isidro Ma, Taiwanese [Chinese],
under C.A. No. 613, Sections 37(a)(7), 45(e) and 38 in relation to BI M.O.
Nos. ADD-01-031 and ADD-01-035 dated 6 and 22 August 2001,
respectively;
2. Issuance of a warrant of deportation against Felix (Yao Kong) Ma,
Felix Ma, Jr., Balgamelo Ma, Valeriano Ma, Lechi Ann Ma, Nicolas Ma, Arceli
Ma and Isidro Ma under C.A. No. 613, Section 37(a);
3. Inclusion of the names of Felix (Yao Kong) Ma, Felix Ma, Jr.,
Balgamelo Ma, Valeriano Ma, Lechi Ann Ma, Nicolas Ma, Arceli Ma and Isidro
Ma in the Immigration Blacklist; and
4. Exclusion from the Philippines of Felix (Yao Kong) Ma, Felix Ma, Jr.,
Balgamelo Ma, Valeriano Ma, Lechi Ann Ma, Nicolas Ma, Arceli Ma and Isidro
Ma under C.A. No. 613, Section 29(a)(15). (Emphasis supplied.)
In its Resolution30 of 8 April 2005, public respondents partially
reconsidered their Judgment of 2 February 2005. They were convinced that
Arceli is an immigrant under Commonwealth Act No. 613, Section
13(g).31 However, they denied the Motion for Reconsideration with respect to
Felix Ma and the rest of his children.32
Ruling of the Court of Appeals
On 3 May 2005, only Balgamelo, Felix, Jr., and Valeriano filed the
Petition for Certiorari under Rule 65 of the 1997 Rules of Civil Procedure
before the Court of Appeals, which was docketed as CA-G.R. SP No. 89532.
They sought the nullification of the issuances of the public respondents, to
wit: (1) the Judgment dated 2 February 2005, ordering the summary
deportation of the petitioners, issuance of a warrant of deportation against
them, inclusion of their names in the Immigration Blacklist, and exclusion of
the petitioners from the Philippines; and (2) the Resolution dated 8 April
2005, denying the petitioners’ Motion for Reconsideration.
On 29 August 2007, the Court of Appeals dismissed the petition 33 after
finding that the petitioners "failed to comply with the exacting standards of
the law providing for the procedure and conditions for their continued stay in
the Philippines either as aliens or as its nationals."34
On 29 May 2008, it issued a Resolution35 denying the petitioners’
Motion for Reconsideration dated 20 September 2007.
To reiterate, a person’s continued and uninterrupted stay in the
Philippines, his being a registered voter or an elected public official cannot
vest in him Philippine citizenship as the law specifically lays down the
requirements for acquisition of Philippine citizenship by election. The
prescribed procedure in electing Philippine citizenship is certainly not a
tedious and painstaking process. All that is required of the elector is to
execute an affidavit of election of Philippine citizenship and, thereafter, file
the same with the nearest civil registry. The constitutional mandate
concerning citizenship must be adhered to strictly. Philippine citizenship can
never be treated like a commodity that can be claimed when needed and
suppressed when convenient. One who is privileged to elect Philippine
citizenship has only an inchoate right to such citizenship. As such, he should
avail of the right with fervor, enthusiasm and promptitude. 36
Our Ruling
The 1935 Constitution declares as citizens of the Philippines those
whose mothers are citizens of the Philippines and elect Philippine citizenship
upon reaching the age of majority. The mandate states:
Section 1. The following are citizens of the Philippines:
(1) xxx;
xxxx
(4) Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship. 37
In 1941, Commonwealth Act No. 625 was enacted. It laid down the
manner of electing Philippine citizenship, to wit:
Section 1. The option to elect Philippine citizenship in accordance with
subsection (4), Section 1, Article IV, of the Constitution shall be expressed in
a statement to be signed and sworn to by the party concerned before any
officer authorized to administer oaths, and shall be filed with the nearest
civil registry. The said party shall accompany the aforesaid statement with
the oath of allegiance to the Constitution and the Government of the
Philippines.
The statutory formalities of electing Philippine citizenship are: (1) a
statement of election under oath; (2) an oath of allegiance to the
Constitution and Government of the Philippines; and (3) registration of the
statement of election and of the oath with the nearest civil registry.
In Re:Application for Admission to the Philippine Bar, Vicente D.
Ching,38 we determined the meaning of the period of election described by
phrase "upon reaching the age of majority." Our references were the Civil
Code of the Philippines, the opinions of the Secretary of Justice, and the
case of Cueco v. Secretary of Justice.39 We pronounced:
x x x [T]he 1935 Constitution and C.A. No. 625 did not prescribe a
time period within which the election of Philippine citizenship should be
made. The 1935 Charter only provides that the election should be made
"upon reaching the age of majority." The age of majority then commenced
upon reaching twenty-one (21) years.40 In the opinions of the Secretary of
Justice on cases involving the validity of election of Philippine citizenship,
this dilemma was resolved by basing the time period on the decisions of this
Court prior to the effectivity of the 1935 Constitution. In these decisions, the
proper period for electing Philippine citizenship was, in turn, based on the
pronouncements of the Department of State of the United States
Government to the effect that the election should be made within a
reasonable time after attaining the age of majority. 41 The phrase "reasonable
time" has been interpreted to mean that the elections should be made within
three (3) years from reaching the age of majority. 42 However, we held in
Cue[n]co vs. Secretary of Justice,43 that the three (3) year period is not an
inflexible rule. We said:
It is true that this clause has been construed to mean a reasonable
time after reaching the age of majority, and that the Secretary of Justice has
ruled that three (3) years is the reasonable time to elect Philippine
citizenship under the constitutional provision adverted to above, which
period may be extended under certain circumstances, as when the person
concerned has always considered himself a Filipino.
However, we cautioned in Cue[n]co that the extension of the option to
elect Philippine citizenship is not indefinite.
Regardless of the foregoing, petitioner was born on February 16, 1923.
He became of age on February 16, 1944. His election of citizenship was
made on May 15, 1951, when he was over twenty-eight (28) years of age,
or over seven (7) years after he had reached the age of majority. It is clear
that said election has not been made "upon reaching the age of majority. 44
We reiterated the above ruling in Go, Sr. v. Ramos,45 a case in which
we adopted the findings of the appellate court that the father of the
petitioner, whose citizenship was in question, failed to elect Philippine
citizenship within the reasonable period of three (3) years upon reaching the
age of majority; and that "the belated submission to the local civil registry of
the affidavit of election and oath of allegiance x x x was defective because
the affidavit of election was executed after the oath of allegiance, and the
delay of several years before their filing with the proper office was not
satisfactorily explained."46
We rule that under the facts peculiar to the petitioners, the right to
elect Philippine citizenship has not been lost and they should be allowed to
complete the statutory requirements for such election.
In the Co case, Jose Ong, Jr. did more than exercise his right of
suffrage, as he established his life here in the Philippines. 54 Again, such
circumstance, while similar to that of herein petitioners’, was not appreciated
because it was ruled that any election of Philippine citizenship on the part of
Ong would have resulted in absurdity, because the law itself had already
elected Philippine citizenship for him55 as, apparently, while he was still a
minor, a certificate of naturalization was issued to his father. 56
In Ching, it may be recalled that we denied his application for
admission to the Philippine Bar because, in his case, all the requirements, to
wit: (1) a statement of election under oath; (2) an oath of allegiance to the
Constitution and Government of the Philippines; and (3) registration of the
statement of election and of the oath with the nearest civil registry were
complied with only fourteen (14) years after he reached the age of majority.
Ching offered no reason for the late election of Philippine citizenship. 57
In all, the Court of Appeals found the petitioners’ argument of good
faith and "informal election" unacceptable and held:
Their reliance in the ruling contained in Re:Application for Admission to
the Philippine Bar, Vicente D. Ching, [which was decided on 1 October
1999], is obviously flawed. It bears emphasis that the Supreme Court, in
said case, did not adopt the doctrine laid down in In Re: Florencio Mallare.
On the contrary, the Supreme Court was emphatic in pronouncing that "the
special circumstances invoked by Ching, i.e., his continuous and
uninterrupted stay in the Philippines and his being a certified public
accountant, a registered voter and a former elected public official, cannot
vest in him Philippine citizenship as the law specifically lays down the
requirements for acquisition of Philippine citizenship by election. 58
We are not prepared to state that the mere exercise of suffrage, being
elected public official, continuous and uninterrupted stay in the Philippines,
and other similar acts showing exercise of Philippine citizenship can take the
place of election of citizenship. What we now say is that where, as in
petitioners’ case, the election of citizenship has in fact been done and
documented within the constitutional and statutory timeframe, the
registration of the documents of election beyond the frame should be
allowed if in the meanwhile positive acts of citizenship have publicly,
consistently, and continuously been done. The actual exercise of Philippine
citizenship, for over half a century by the herein petitioners, is actual notice
to the Philippine public which is equivalent to formal registration of the
election of Philippine citizenship.
For what purpose is registration?
I
G.R. No. 104654
This is a petition for certiorari under Rule 45 of the Revised Rules of
Court in relation to R.A. No. 5440 and Section 25 of the Interim Rules, filed
by the Republic of the Philippines:
(1) to annul the Decision dated February 27, 1992 of the Regional Trial
Court, Branch 28, Manila, in SP Proc. No. 91-58645, which re-admitted
private respondent as a Filipino citizen under the Revised Naturalization Law
(C.A. No. 63 as amended by C.A. No. 473); and
The motion was granted in an Order dated January 24, 1992, wherein
the hearing of the petition was moved to February 21, 1992. The said order
was not published nor a copy thereof posted.
On the same day, private respondent was allowed to take his oath of
allegiance before respondent Judge (Rollo, p. 34).
In this petition, petitioner argues that the COMELEC acted with grave
abuse of discretion when it ignored the fundamental issue of private
respondent’s disqualification in the guise of technicality.
Petitioner claims that the inclusion of private respondent’s name in the
list of registered voters in Sta. Magdalena, Sorsogon was invalid because at
the time he registered as a voter in 1987, he was as American citizen.
Petitioner further claims that the grant of Filipino citizenship to private
respondent is not yet conclusive because the case is still on appeal before
us.
The COMELEC contends that the preparation for the elections occupied
much of its time, thus its failure to immediately resolve SPA Case No. 92-
016. It argues that under Section 5 of Rule 25 of the COMELEC Rules of
Procedure, it is excused from deciding a disqualification case within the
period provided by law for reasons beyond its control. It also assumed that
the same action was subsequently abandoned by petitioner when he filed
before it a petition for quo warranto docketed as EPC No. 92-35. The quo
warranto proceedings sought private respondent’s disqualification because of
his American citizenship.
II
G.R. No. 104654
We shall first resolve the issue concerning private respondent’s
citizenship.
In his comment to the State’s appeal of the decision granting him
Philippine citizenship in G.R. No. 104654, private respondent alleges that the
precarious political atmosphere in the country during Martial Law compelled
him to seek political asylum in the United States, and eventually to renounce
his Philippine citizenship.
He claims that his petition for naturalization was his only available
remedy for his reacquisition of Philippine citizenship.
He tried to reacquire his Philippine citizenship through repatriation
and direct act of Congress. However, he was later informed that
repatriation proceedings were limited to army deserters or Filipino
women who had lost their citizenship by reason of their marriage to
foreigners (Rollo, pp. 49-50). His request to Congress for sponsorship of a
bill allowing him to reacquire his Philippine citizenship failed to materialize,
notwithstanding the endorsement of several members of the House of
Representatives in his favor (Rollo, p. 51). He attributed this to the
maneuvers of his political rivals.
Anent the issue of the mandatory two-year waiting period prior to the
taking of the oath of allegiance, private respondent theorizes that
the rationale of the law imposing the waiting period is to grant the public an
opportunity to investigate the background of the applicant and to oppose the
grant of Philippine citizenship if there is basis to do so.
The trial court never acquired jurisdiction to hear the petition for
naturalization of private respondent. The proceedings conducted, the
decision rendered and the oath of allegiance taken therein, are null and void
for failure to comply with the publication and posting requirements under the
Revised Naturalization Law.
Under Section 9 of the said law, both the petition for naturalization
and the order setting it for hearing must be published once a week for
three consecutive weeks in the Official Gazette and a newspaper of
general circulation respondent cites his achievements as a freedom fighter
and a former Governor of the Province of Sorsogon for six terms.
The appeal of the Solicitor General in behalf of the Republic of
the Philippines is meritorious. The naturalization proceedings in SP Proc.
No. 91-58645 was full of procedural flaws, rendering the decision an
anomaly.
Private respondent, having opted to reacquire Philippine citizenship
thru naturalization under the Revised Naturalization Law, is duty bound to
follow the procedure prescribed by the said law. It is not for an applicant to
decide for himself and to select the requirements which he believes, even
sincerely, are applicable to his case and discard those which he believes are
inconvenient or merely of nuisance value. The law does not distinguish
between an applicant who was formerly a Filipino citizen and one who was
never such a citizen. It does not provide a special procedure for the
reacquisition of Philippine citizenship by former Filipino citizens akin to the
repatriation of a woman who had lost her Philippine citizenship by reason of
her marriage to an alien.
The trial court never acquired jurisdiction to hear the petition for
naturalization of private respondent. The proceedings conducted, the
decision rendered and the oath of allegiance taken therein, are null and void
for failure to comply with the publication and posting requirements under the
Revised Naturalization Law.
Under Section 9 of the said law, both the petition for naturalization
and the order setting it for hearing must be published once a week for three
consecutive weeks in the Official Gazette and a newspaper of general
circulation. Compliance therewith is jurisdictional (Po Yi Bo v. Republic, 205
SCRA 400 [1992]). Moreover, the publication and posting of the petition and
the order must be in its full test for the court to acquire jurisdiction (Sy v.
Republic, 55 SCRA 724 [1974]).
Petitioner in G.R. No. 105715, prays that the votes cast in favor of
private respondent be considered stray and that he, being the candidate
obtaining the second highest number of votes, be declared winner. In Labo,
Jr. v. COMELEC, 176 SCRA 1 (1989), we ruled that where the candidate who
obtained the highest number of votes is later declared to be disqualified to
hold the office to which he was elected, the candidate who garnered the
second highest number of votes is not entitled to be declared winner (See
also Geronimo v. Ramos, 136 SCRA 435 [1985]; Topacio v. Paredes, 23 Phil.
238 [1912]).
G.R. No. 105735
In view of the discussions of G.R. No. 104654 and G.R. No. 105715,
we find the petition in G.R. No. 105735 moot and academic.
WHEREFORE, the petitions in G.R. No. 104654 and G.R. No. 105715
are both GRANTED while the petition in G.R. No. 105735 is DISMISSED.
Private respondent is declared NOT a citizen of the Philippines and therefore
DISQUALIFIED from continuing to serve as GOVERNOR of the Province of
Sorsogon. He is ordered to VACATE his office and to SURRENDER the same
to the Vice-Governor of the Province of Sorsogon once this decision becomes
final and executory. No pronouncement as to costs.
SO ORDERED.
08/07/2014
HUBERT TAN CO and ARLENE TAN CO, petitioners, vs. THE
CIVIL REGISTER OF MANILA and any person having or claiming an
interest under the entry whose cancellation or correction is
sought, respondent.
DECISION
CALLEJO, SR., J.:
Before the Court is the petition for review on certiorari filed by Hubert
Tan Co and Arlene Tan Co seeking to reverse and set aside the
Order[1] dated September 23, 1998 of the Regional Trial Court of Manila,
Branch 26, dismissing their petition for correction of entries in the Civil
Register. Likewise sought to be reversed and set aside is the Order dated
April 27, 1999 of the court a quo denying the petitioners’ motion for
reconsideration of the said order.
On August 27, 1998, they filed with the Regional Trial Court of Manila
a petition under Rule 108 of the Rules of Court for correction of entries in
their certificates of birth. The case was docketed as Sp. Proc. Case No.
98-90470. They alleged, inter alia, in their petition that:
(3) They were born in the Philippines and the legitimate children of CO
BOON PENG;
(4) Co Boon Peng, who is formerly a citizen of China, was conferred
Philippine citizenship by naturalization under Presidential Decree No. 1055
and had taken his oath of allegiance to the Republic of the Philippines on
15th February, 1977 in the City of Manila;
(5) At the time of birth of [the] petitioners, their father CO BOON
PENG was still a Chinese citizen that is why entry in their respective birth
certificates as to their father’s citizenship was Chinese;
However, the RTC issued an Order on April 27, 1999, denying their
motion for reconsideration for the following reasons: (a) although
Commonwealth Act No. 473 and Letter of Instructions No. 270 are statutes
relating to the same subject matter, they do not provide the same beneficial
effects with respect to the minor children of the applicant. Section 15 of CA
No. 473 expressly provides for the effect of the naturalization on the wife
and children of the applicant while LOI No. 270 does not have any proviso to
that effect; (b) LOI No. 270 clearly refers to qualified individuals only. The
rules and regulations promulgated by the Committee established pursuant to
LOI No. 270 and the amendments issued by then President Ferdinand E.
Marcos (LOI Nos. 292 and 491) clearly speak of qualified individuals only; no
proviso therein referred to its effect on the wife and children of the
individual; (c) Section 15 of CA No. 473 should not be deemed and
incorporated in and applied to LOI No. 270; and, (d) the application of the
so-called “pari materia” rule of construction made by the petitioners is
misplaced, as what should be applied in the instant case is the rule on strict
construction of legislative grants or franchise. The court a quo stressed that
legislative grants, whether they be of property, rights or privileges, whether
granted to corporations or individuals, must be strictly construed against the
grantee and in favor of the grantor.
Aggrieved, the petitioners now come to this Court assailing the court a
quo’s Order dismissing their petition outright and its Order denying their
motion for the reconsideration of the same.
The petitioners contend that the trial court erred in holding that their
petition was insufficient. They assert that contrary to the ruling of the trial
court, they are qualified to claim the benefit of Section 15 of CA No. 473,
which provides that minor children of persons naturalized thereunder who
were born in the Philippines shall likewise be considered citizens
thereof. They contend that although LOI No. 270, under which the
petitioners’ father was naturalized does not contain a provision similar to
Section 15 of CA No. 473, the latter provision should be deemed
incorporated therein.
They point out that both laws have the same purpose and objective,
i.e., to grant Philippine citizenship to qualified aliens permanently residing in
the Philippines. The petitioners invoke the rule that statutes in pari
materia are to be read together.[5] They posit that CA No. 473 and LOI No.
270 should be harmonized and reconciled since “all statutes relating to the
same subject, or having the same general purpose, should be read in
connection with it, and should be construed together as they constitute one
law.”[6]
The petitioners maintain that the letter and spirit of LOI No.
270 was to grant the privilege of Philippine citizenship not only to
qualified aliens but also to their minor children who were born in the
country.
They assert that this is apparent from paragraph 4-A thereof, which
extends the option to adopt Filipino names not only to qualified applicants
for naturalization but also to their wives and minor children. They submit
that when then President Ferdinand E. Marcos enacted LOI No. 270, he must
be presumed to have been acquainted with the provisions of CA No. 473 and
did not intend to abrogate and discontinue the beneficial effects of Section
15 thereof; otherwise, Pres. Marcos would have expressly repealed Section
15 of CA No. 473 in relation to LOI No. 270.
Thus, according to the petitioners, the naturalization of their
father during their minority is an act or event affecting their civil
status that must be recorded in the Civil Register pursuant to Article
407 of the Civil Code.
LOI No. 270 and CA No. 473 are laws governing the naturalization of
qualified aliens residing in the Philippines. While they provide for different
procedures, CA No. 473 governs naturalization by judicial decree while LOI
No. 270 governs naturalization by presidential decree; both statutes have
the same purpose and objective: to enable aliens permanently residing
in the Philippines, who, having demonstrated and developed love for
and loyalty to the Philippines, as well as affinity to the culture,
tradition and ideals of the Filipino people, and contributed to the
economic, social and cultural development of our country, to be
integrated into the national fabric by being granted Filipino
citizenship.
Under the LOI, the procedure for the acquisition of citizenship by
naturalization is more expeditious, less cumbersome and less
expensive. The sooner qualified aliens are naturalized, the faster they are
able to integrate themselves into the national fabric, and are thus able to
contribute to the cultural, social and political well- being of the country and
its people.
Clearly, LOI No. 270 and CA No. 473 are, as the petitioners correctly
posit, statutes in pari materia. Absent any express repeal of Section 15 of
CA No. 473 in LOI No. 270, the said provision should be read into the latter
law as an integral part thereof, not being inconsistent with its purpose.
The proceedings in Rule 108 of the Rules of Court are summary if the
entries in the civil register sought to be corrected are clerical or innocuous in
nature. However, where such entries sought to be corrected or changed are
substantial: i.e., the status and nationality of the petitioners or the
citizenship of their parents,[15] the proceedings are adversarial in nature as
defined by this Court in Republic v. Valencia, thus:
One having opposing parties; contested, as distinguished from an ex
parte application, one of which the party seeking relief has given legal
warning to the other party, and afforded the latter an opportunity to contest
it. Excludes an adoption proceeding.[16]
In such a proceeding, the parties to be impleaded as respective
defendants are (a) the local civil registrar; and, (b) all persons who have
claims any interest which would be affected thereby. [17]
In this case, the petitioners alleged in their petition that they are the
legitimate children of Co Boon Peng, who was naturalized as a Filipino
citizen, but that their certificates of birth still indicate that he is a Chinese
national. In view of their father’s naturalization, they pray that the entries
in their certificates of birth relating to the citizenship of their father be
changed from “Chinese” to “Filipino.”
After hearing, the court shall issue an order either dismissing the
petition or issue an order granting the same. In either case, a certified copy
of the judgment shall be served upon the civil registrar concerned who shall
annotate the same in the certificates of birth of the petitioners. The
judgment of the court shall form part of the records of the local civil register.
[18]
In this case, the trial court dismissed the petition outright in violation
of Rule 108 of the Rules of Court. Patently, then, the trial court erred in so
doing.
IN THE LIGHT OF THE FOREGOING, the petition is GRANTED. The
assailed Orders of the Regional Trial Court of Manila, Branch 26, are SET
ASIDE and REVERSED. The trial court is DIRECTED to reinstate the petition
in Special Proceedings NO. 98-90470 in the court docket, and ORDERED to
continue with the proceedings in the said case under Rule 108 of the Rules
of Court, as amended.
SO ORDERED.
Davide, Jr., C.J., Puno, Vitug, Panganiban, Quisumbing, Ynares-
Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-
Morales, Azcuna, and Tinga, JJ.,concur.
08/07/2014
KILOSBAYAN FOUNDATION AND BANTAY KATARUNGAN
FOUNDATION, petitioners,
vs.
EXECUTIVE SECRETARY EDUARDO R. ERMITA; SANDIGANBAYAN
JUSTICE GREGORY S. ONG,respondents.
DECISION
AZCUNA, J.:
On May 18, 2007, the major daily publications reported that the
appointment was "recalled" or "held in abeyance" by Malacañang in
view of the question relating to the citizenship of respondent Gregory S.
Ong. There is no indication whatever that the appointment has been
cancelled by the Office of the President.
On May 19, 2007, the major daily publications reported that
respondent Executive Secretary stated that the appointment is "still there
except that the validation of the issue is being done by the Judicial and Bar
Council (JBC)."
Article 412 of the Civil Code also provides that "[N]o entry in a civil
register shall be changed or corrected without a judicial order." Thus, as long
as Ong’s birth certificate is not changed by a judicial order, the Judicial & Bar
Council, as well as the whole world, is bound by what is stated in his birth
certificate.2
Finally, the last thing that should be said against the Court is that it is
inconsistent in its rulings. In the light of its recent decision in G.R. No. 86565
(Ramon L. Labo, Jr. vs. The Commission on Elections, et al.) I see no valid
justification for holding Mr. Labo an alien upper Philippine law while holding
private respondent herein a Filipino citizen. For, as the majority states: "In
fact, in a number of sworn statements, Labo categorically declared that he
was a citizen of Australia" (p. 7, Decision). And is exactly what private
respondent did. In a number of sworn statements, he declared that he was a
citizen of the United States.
To Mr. Labo, the Court said, "so be it, you are an Australian," yet to
the private respondent, despite such sworn statements that he is a U.S.
citizen, the Court says, "never mind those sworn statements, you are still a
Filipino." Sauce for the goose, as the saying goes, is sauce for the gander.
The doctrinal basis of the Court's decisions should be built on the merits, not
on distinctions that really make no difference.
ACCORDINGLY, I vote to GRANT the petition and to declare the private
respondent not a Filipino citizen by his own acts of express renunciation of
such citizenship.
GUTIERREZ, JR., J., dissenting:
My stand in the cases of Willie Yu vs. Miriam Defensor Santiago, et al.
(G.R. No, 83882, January 24, 1989) andRamon Labo, Jr, v. Commission on
Elections (G.R. 86564, August 2, 1989) is clear. I regret, however, that I
cannot participate in this case because one of the principal counsel is my
relative by affinity, within the fourth civil degree.
08/07/2014
EN BANC
[G.R. No. 137000. August 9, 2000]
CIRILO R. VALLES, petitioner, vs. COMMISSION ON ELECTIONS
and ROSALIND YBASCO LOPEZ, respondents.
DECISION
PURISIMA, J.:
This is a petition for certiorari under Rule 65, pursuant to Section 2,
Rule 64 of the 1997 Rules of Civil Procedure, assailing Resolutions dated July
17, 1998 and January 15, 1999, respectively, of the Commission on
Elections in SPA No. 98-336, dismissing the petition for disqualification filed
by the herein petitioner, Cirilo R. Valles, against private respondent Rosalind
Ybasco Lopez, in the May 1998 elections for governor of Davao Oriental.
Rosalind Ybasco Lopez was born on May 16, 1934 in Napier Terrace,
Broome, Western Australia, to the spouses, Telesforo Ybasco, a Filipino
citizen and native of Daet, Camarines Norte, and Theresa Marquez, an
Australian. In 1949, at the age of fifteen, she left Australia and came to
settle in the Philippines.
On June 27, 1952, she was married to Leopoldo Lopez, a Filipino
citizen, at the Malate Catholic Church in Manila. Since then, she has
continuously participated in the electoral process not only as a voter but as a
candidate, as well. She served as Provincial Board Member of the
Sangguniang Panlalawigan of Davao Oriental. In 1992, she ran for and was
elected governor of Davao Oriental. Her election was contested by her
opponent, Gil Taojo, Jr., in a petition for quo warranto, docketed as EPC No.
92-54, alleging as ground therefor her alleged Australian
citizenship. However, finding no sufficient proof that respondent had
renounced her Philippine citizenship, the Commission on Elections en
banc dismissed the petition, ratiocinating thus:
“A cursory reading of the records of this case vis-a-vis the impugned
resolution shows that respondent was able to produce documentary proofs
of the Filipino citizenship of her late father... and consequently, prove her
own citizenship and filiation by virtue of the Principle of Jus Sanguinis, the
perorations of the petitioner to the contrary notwithstanding.
On the other hand, except for the three (3) alleged important
documents . . . no other evidence substantial in nature surfaced to confirm
the allegations of petitioner that respondent is an Australian citizen and not
a Filipino. Express renunciation of citizenship as a mode of losing citizenship
under Commonwealth Act No. 63 is an equivocal and deliberate act with full
awareness of its significance and consequence. The evidence adduced by
petitioner are inadequate, nay meager, to prove that respondent
contemplated renunciation of her Filipino citizenship”. [1]
In the 1995 local elections, respondent Rosalind Ybasco Lopez ran for
re-election as governor of Davao Oriental. Her opponent, Francisco Rabat,
filed a petition for disqualification, docketed as SPA No. 95-066 before the
COMELEC, First Division, contesting her Filipino citizenship but the said
petition was likewise dismissed by the COMELEC, reiterating substantially its
decision in EPC 92-54.
The citizenship of private respondent was once again raised as an
issue when she ran for re-election as governor of Davao Oriental in the May
11, 1998 elections. Her candidacy was questioned by the herein petitioner,
Cirilo Valles, in SPA No. 98-336.
On July 17, 1998, the COMELEC’s First Division came out with a
Resolution dismissing the petition, and disposing as follows:
“Assuming arguendo that res judicata does not apply and We are to
dispose the instant case on the merits trying it de novo, the above table
definitely shows that petitioner herein has presented no new evidence to
disturb the Resolution of this Commission in SPA No. 95-066. The present
petition merely restates the same matters and incidents already passed
upon by this Commission not just in 1995 Resolution but likewise in the
Resolution of EPC No. 92-54. Not having put forth any new evidence and
matter substantial in nature, persuasive in character or sufficiently
provocative to compel reversal of such Resolutions, the dismissal of the
present petition follows as a matter of course.
xxx....................................xxx....................................xxx
“WHEREFORE, premises considered and there being no new matters
and issues tendered, We find no convincing reason or impressive explanation
to disturb and reverse the Resolutions promulgated by this Commission in
EPC 92-54 and SPA. 95-066. This Commission RESOLVES as it hereby
RESOLVES to DISMISS the present petition.
SO ORDERED.”[2]
Petitioner interposed a motion for reconsideration of the aforesaid
Resolution but to no avail. The same was denied by the COMELEC in its en
banc Resolution of January 15, 1999.
Undaunted, petitioner found his way to this Court via the present
petition; questioning the citizenship of private respondent Rosalind Ybasco
Lopez.
The Commission on Elections ruled that private respondent Rosalind
Ybasco Lopez is a Filipino citizen and therefore, qualified to run for a public
office because (1) her father, Telesforo Ybasco, is a Filipino citizen, and by
virtue of the principle of jus sanguinis she was a Filipino citizen under the
1987 Philippine Constitution; (2) she was married to a Filipino, thereby
making her also a Filipino citizen ipso jure under Section 4 of Commonwealth
Act 473; (3) and that, she renounced her Australian citizenship on January
15, 1992 before the Department of Immigration and Ethnic Affairs of
Australia and her Australian passport was accordingly cancelled as certified
to by the Australian Embassy in Manila; and (4) furthermore, there are the
COMELEC Resolutions in EPC No. 92-54 and SPA Case No. 95-066, declaring
her a Filipino citizen duly qualified to run for the elective position of Davao
Oriental governor.
Petitioner, on the other hand, maintains that the private respondent is
an Australian citizen, placing reliance on the admitted facts that:
a) In 1988, private respondent registered herself with the Bureau of
Immigration as an Australian national and was issued Alien Certificate of
Registration No. 404695 dated September 19, 1988;
b) On even date, she applied for the issuance of an Immigrant
Certificate of Residence (ICR), and
c) She was issued Australian Passport No. H700888 on March 3, 1988.
Petitioner theorizes that under the aforestated facts and
circumstances, the private respondent had renounced her Filipino
citizenship. He contends that in her application for alien certificate of
registration and immigrant certificate of residence, private respondent
expressly declared under oath that she was a citizen or subject of Australia;
and said declaration forfeited her Philippine citizenship, and operated to
disqualify her to run for elective office.
As regards the COMELEC’s finding that private respondent had
renounced her Australian citizenship on January 15, 1992 before the
Department of Immigration and Ethnic Affairs of Australia and had her
Australian passport cancelled on February 11, 1992, as certified to by the
Australian Embassy here in Manila, petitioner argues that the said acts did
not automatically restore the status of private respondent as a Filipino
citizen. According to petitioner, for the private respondent to reacquire
Philippine citizenship she must comply with the mandatory requirements for
repatriation under Republic Act 8171; and the election of private respondent
to public office did not mean the restoration of her Filipino citizenship since
the private respondent was not legally repatriated. Coupled with her alleged
renunciation of Australian citizenship, private respondent has effectively
become a stateless person and as such, is disqualified to run for a public
office in the Philippines; petitioner concluded.
Petitioner theorizes further that the Commission on Elections erred in
applying the principle of res judicata to the case under consideration; citing
the ruling in Moy Ya Lim Yao vs. Commissioner of Immigration,[3] that:
“xxx Everytime the citizenship of a person is material or indispensable
in a judicial or administrative case, whatever the corresponding court or
administrative authority decides therein as to such citizenship is generally
not considered as res adjudicata, hence it has to be threshed out again and
again as the occasion may demand. xxx”
The petition is unmeritorious.
The Philippine law on citizenship adheres to the principle of jus
sanguinis. Thereunder, a child follows the nationality or citizenship of the
parents regardless of the place of his/her birth, as opposed to the doctrine
of jus soli which determines nationality or citizenship on the basis of place
of birth.
Private respondent Rosalind Ybasco Lopez was born on May 16, 1934
in Napier Terrace, Broome, Western Australia, to the spouses, Telesforo
Ybasco, a Filipino citizen and native of Daet, Camarines Norte, and Theresa
Marquez, an Australian. Historically, this was a year before the 1935
Constitution took into effect and at that time, what served as the
Constitution of the Philippines were the principal organic acts by which the
United States governed the country. These were the Philippine Bill of July 1,
1902 and the Philippine Autonomy Act of August 29, 1916, also known as
the Jones Law.
Among others, these laws defined who were deemed to be citizens of
the Philippine islands. The Philippine Bill of 1902 defined Philippine citizens
as:
SEC. 4 xxx all inhabitants of the Philippine Islands continuing to reside
therein who were Spanish subjects on the eleventh day of April, eighteen
hundred and ninety-nine, and then resided in the Philippine Islands, and
their children born subsequent thereto, shall be deemed and held to be
citizens of the Philippine Islands and as such entitled to the protection of the
United States, except such as shall have elected to preserve their allegiance
to the Crown of Spain in accordance with the provisions of the treaty of
peace between the United States and Spain signed at Paris December tenth,
eighteen hundred and ninety-eight. (underscoring ours)
The Jones Law, on the other hand, provides:
SEC. 2 That all inhabitants of the Philippine Islands who were Spanish
subjects on the eleventh day of April, eighteen hundred and ninety-nine, and
then resided in said Islands, and their children born subsequent thereto,
shall be deemed and held to be citizens of the Philippine Islands, except
such as shall have elected to preserve their allegiance to the Crown of Spain
in accordance with the provisions of the treaty of peace between the United
States and Spain, signed at Paris December tenth, eighteen hundred and
ninety-eight, and except such others as have since become citizens of some
other country: Provided, That the Philippine Legislature, herein provided for,
is hereby authorized to provide by law for the acquisition of Philippine
citizenship by those natives of the Philippine Islands who cannot come within
the foregoing provisions, the natives of the insular possessions of the United
States, and such other persons residing in the Philippine Islands who are
citizens of the United States, or who could become citizens of the United
States under the laws of the United States if residing therein. (underscoring
ours)
Under both organic acts, all inhabitants of the Philippines who were
Spanish subjects on April 11, 1899 and resided therein including their
children are deemed to be Philippine citizens. Private respondent’s father,
Telesforo Ybasco, was born on January 5, 1879 in Daet, Camarines Norte, a
fact duly evidenced by a certified true copy of an entry in the Registry of
Births. Thus, under the Philippine Bill of 1902 and the Jones Law, Telesforo
Ybasco was deemed to be a Philippine citizen. By virtue of the same laws,
which were the laws in force at the time of her birth, Telesforo’s daughter,
herein private respondent Rosalind Ybasco Lopez, is likewise a citizen of the
Philippines.
The signing into law of the 1935 Philippine Constitution has established
the principle of jus sanguinis as basis for the acquisition of Philippine
citizenship, to wit:
(1) Those who are citizens of the Philippine Islands at the time of the
adoption of this Constitution.
(2) Those born in the Philippine Islands of foreign parents who, before
the adoption of this Constitution had been elected to public office in the
Philippine Islands.
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines and, upon
reaching the age of majority, elect Philippine citizenship.
(5) Those who are naturalized in accordance with law.
So also, the principle of jus sanguinis, which confers citizenship by
virtue of blood relationship, was subsequently retained under the 1973 [4] and
1987[5] Constitutions. Thus, the herein private respondent, Rosalind Ybasco
Lopez, is a Filipino citizen, having been born to a Filipino father. The fact of
her being born in Australia is not tantamount to her losing her Philippine
citizenship. If Australia follows the principle of jus soli, then at most, private
respondent can also claim Australian citizenship resulting to her possession
of dual citizenship.
Petitioner also contends that even on the assumption that the private
respondent is a Filipino citizen, she has nonetheless renounced her Philippine
citizenship. To buttress this contention, petitioner cited private respondent’s
application for an Alien Certificate of Registration (ACR) and Immigrant
Certificate of Residence (ICR), on September 19, 1988, and the issuance to
her of an Australian passport on March 3, 1988.
Under Commonwealth Act No. 63, a Filipino citizen may lose his
citizenship:
(1) By naturalization in a foreign country;
(2) By express renunciation of citizenship;
(3) By subscribing to an oath of allegiance to support the constitution
or laws of a foreign country upon attaining twenty-one years of age or more;
(4) By accepting commission in the military, naval or air service of a
foreign country;
(5) By cancellation of the certificate of naturalization;
(6) By having been declared by competent authority, a deserter of the
Philippine armed forces in time of war, unless subsequently, a plenary
pardon or amnesty has been granted: and
(7) In case of a woman, upon her marriage, to a foreigner if, by virtue
of the laws in force in her husband’s country, she acquires his nationality.
In order that citizenship may be lost by renunciation, such
renunciation must be express. Petitioner’s contention that the application of
private respondent for an alien certificate of registration, and her Australian
passport, is bereft of merit. This issue was put to rest in the case of Aznar
vs. COMELEC[6] and in the more recent case ofMercado vs. Manzano and
COMELEC.[7]
In the case of Aznar, the Court ruled that the mere fact that
respondent Osmena was a holder of a certificate stating that he is an
American did not mean that he is no longer a Filipino, and that an
application for an alien certificate of registration was not tantamount to
renunciation of his Philippine citizenship.
And, in Mercado vs. Manzano and COMELEC, it was held that the fact
that respondent Manzano was registered as an American citizen in the
Bureau of Immigration and Deportation and was holding an American
passport on April 22, 1997, only a year before he filed a certificate of
candidacy for vice-mayor of Makati, were just assertions of his American
nationality before the termination of his American citizenship.
Thus, the mere fact that private respondent Rosalind Ybasco Lopez
was a holder of an Australian passport and had an alien certificate of
registration are not acts constituting an effective renunciation of citizenship
and do not militate against her claim of Filipino citizenship. For renunciation
to effectively result in the loss of citizenship, the same must be express. [8] As
held by this court in the aforecited case of Aznar, an application for an alien
certificate of registration does not amount to an express renunciation or
repudiation of one’s citizenship. The application of the herein private
respondent for an alien certificate of registration, and her holding of an
Australian passport, as in the case of Mercado vs. Manzano, were mere acts
of assertion of her Australian citizenship before she effectively renounced the
same. Thus, at the most, private respondent had dual citizenship - she was
an Australian and a Filipino, as well.
Moreover, under Commonwealth Act 63, the fact that a child of Filipino
parent/s was born in another country has not been included as a ground for
losing one’s Philippine citizenship. Since private respondent did not lose or
renounce her Philippine citizenship, petitioner’s claim that respondent must
go through the process of repatriation does not hold water.
Petitioner also maintains that even on the assumption that the private
respondent had dual citizenship, still, she is disqualified to run for governor
of Davao Oriental; citing Section 40 of Republic Act 7160 otherwise known
as the Local Government Code of 1991, which states:
“SEC. 40. Disqualifications. The following persons are disqualified
from running for any elective local position:
xxx....................................xxx....................................xxx
(d) Those with dual citizenship;
xxx....................................xxx....................................xxx”
Again, petitioner’s contention is untenable.
In the aforecited case of Mercado vs. Manzano, the Court clarified
“dual citizenship” as used in the Local Government Code and reconciled the
same with Article IV, Section 5 of the 1987 Constitution on dual allegiance.
[9]
Recognizing situations in which a Filipino citizen may, without performing
any act, and as an involuntary consequence of the conflicting laws of
different countries, be also a citizen of another state, the Court explained
that dual citizenship as a disqualification must refer to citizens with dual
allegiance. The Court succinctly pronounced:
“xxx the phrase ‘dual citizenship’ in R.A. No. 7160, xxx 40 (d) and in
R.A. No. 7854, xxx 20 must be understood as referring to ‘dual
allegiance’. Consequently, persons with mere dual citizenship do not fall
under this disqualification.”
Thus, the fact that the private respondent had dual citizenship did not
automatically disqualify her from running for a public office. Furthermore, it
was ruled that for candidates with dual citizenship, it is enough that they
elect Philippine citizenship upon the filing of their certificate of candidacy, to
terminate their status as persons with dual citizenship. [10] The filing of a
certificate of candidacy sufficed to renounce foreign citizenship, effectively
removing any disqualification as a dual citizen. [11] This is so because in the
certificate of candidacy, one declares that he/she is a Filipino citizen and that
he/she will support and defend the Constitution of the Philippines and will
maintain true faith and allegiance thereto. Such declaration, which is under
oath, operates as an effective renunciation of foreign citizenship. Therefore,
when the herein private respondent filed her certificate of candidacy in 1992,
such fact alone terminated her Australian citizenship.
Then, too, it is significant to note that on January 15 1992, private
respondent executed a Declaration of Renunciation of Australian Citizenship,
duly registered in the Department of Immigration and Ethnic Affairs of
Australia on May 12, 1992. And, as a result, on February 11, 1992, the
Australian passport of private respondent was cancelled, as certified to by
Second Secretary Richard F. Munro of the Embassy of Australia in
Manila. As aptly appreciated by the COMELEC, the aforesaid acts were
enough to settle the issue of the alleged dual citizenship of Rosalind Ybasco
Lopez. Since her renunciation was effective, petitioner’s claim that private
respondent must go through the whole process of repatriation holds no
water.
Petitioner maintains further that when citizenship is raised as an issue
in judicial or administrative proceedings, the resolution or decision thereon is
generally not considered res judicata in any subsequent proceeding
challenging the same; citing the case of Moy Ya Lim Yao vs. Commissioner
of Immigration.[12] He insists that the same issue of citizenship may be
threshed out anew.
Petitioner is correct insofar as the general rule is concerned, i.e. the
principle of res judicata generally does not apply in cases hinging on the
issue of citizenship. However, in the case of Burca vs. Republic,[13] an
exception to this general rule was recognized. The Court ruled in that case
that in order that the doctrine of res judicatamay be applied in cases of
citizenship, the following must be present:
1) a person’s citizenship be raised as a material issue in a controversy
where said person is a party;
2) the Solicitor General or his authorized representative took active
part in the resolution thereof, and
3) the finding on citizenship is affirmed by this Court.
Although the general rule was set forth in the case of Moy Ya Lim
Yao, the case did not foreclose the weight of prior rulings on citizenship. It
elucidated that reliance may somehow be placed on these antecedent official
findings, though not really binding, to make the effort easier or simpler.
[14]
Indeed, there appears sufficient basis to rely on the prior rulings of the
Commission on Elections in SPA. No. 95-066 and EPC 92-54 which resolved
the issue of citizenship in favor of the herein private respondent. The
evidence adduced by petitioner is substantially the same evidence presented
in these two prior cases. Petitioner failed to show any new evidence or
supervening event to warrant a reversal of such prior resolutions. However,
the procedural issue notwithstanding, considered on the merits, the petition
cannot prosper.
WHEREFORE, the petition is hereby DISMISSED and the COMELEC
Resolutions, dated July 17, 1998 and January 15, 1999, respectively, in SPA
No. 98-336 AFFIRMED.
Private respondent Rosalind Ybasco Lopez is hereby adjudged qualified
to run for governor of Davao Oriental. No pronouncement as to costs.
SO ORDERED.
Davide, Jr., C.J., (Chairman), Melo, Puno, Vitug, Kapunan, Mendoza,
Panganiban, Quisumbing, Pardo, Buena, Gonzaga-Reyes, Ynares-
Santiago, and De Leon, Jr., JJ.,concur.
Bellosillo, J., abroad on official business.
08/07/2014
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-83882 January 24, 1989
IN RE PETITION FOR HABEAS CORPUS OF WILLIE
YU, petitioner,
vs.
MIRIAM DEFENSOR-SANTIAGO, BIENVENIDO P. ALANO, JR., MAJOR
PABALAN, DELEO HERNANDEZ, BLODDY HERNANDEZ, BENNY REYES
and JUN ESPIRITU SANTO, respondent.
Pelaez, Adriano and Gregorio and Bonifacio A. Alentajan for petitioner.
Chavez, Hechanova & Lim Law Offices collaborating counsel for
petitioner.
Augusto Jose y. Arreza for respondents.
PADILLA, J.:
The present controversy originated with a petition for habeas
corpus filed with the Court on 4 July 1988 seeking the release from
detention of herein petitioner. 1 After manifestation and motion of the
Solicitor General of his decision to refrain from filing a return of the writ on
behalf of the CID, respondent Commissioner thru counsel filed the
return. 2Counsel for the parties were heard in oral argument on 20 July
1988. The parties were allowed to submit marked exhibits, and to file
memoranda. 3 An internal resolution of 7 November 1988 referred the case
to the Court en banc. In its 10 November 1988 resolution, denying the
petition for habeas corpus, the Court disposed of the pending issues of (1)
jurisdiction of the CID over a naturalized Filipino citizen and (2) validity of
warrantless arrest and detention of the same person.