Digest Gonzales vs. Pennisi 614 SCRA 292 (2010) G.R. No. 169958

FACTS
Michael Alfio Pennisi, an Australian national born to an Australian father and a Filipino mother, Anita T.
Quintos, filed a petition for recognition as a Filipino citizen before the Bureau of Immigration (BI).
The BI initially granted the petition, but the Department of Justice (DOJ) disapproved it. However, upon
submission of additional documents, the DOJ affirmed the recognition of Pennisi as a Filipino citizen. Later,
the Senate Committees recommended summary deportation proceedings against several Filipino-foreign
PBA players, including Pennisi, based on suspicious circumstances surrounding their documents.
The DOJ then revoked Pennisi's certificate of recognition and directed the BI to begin summary deportation
proceedings. Pennisi filed a petition for prohibition with the Regional Trial Court (RTC) and later a petition for
review before the Court of Appeals (CA).
Gonzales vs. Pennisi 614 SCRA 292 (2010) G.R. No. 169958 | Presented by: Maria Cristina R. De Paz
Case Background
The case involves a petition for review filed by the Department of Justice (DOJ) and the
Bureau of Immigration (BI) against Michael Alfio Pennisi. Pennisi, born in Australia to an
Australian father and a Filipino mother, had previously been granted recognition as a
Filipino citizen by the BI. However, the DOJ later revoked this recognition and initiated
deportation proceedings against him.
Key Facts
Michael Alfio Pennisi was born in Australia to Alfio Pennisi (Australian) and Anita T. Quintos
(Filipi no).
Pennisi filed a petition for recognition as a Filipino citizen in March 1999, submitting
various documents, including his mother's birth certificate and marriage certificate.
Initially, the BI granted Pennisi's petition, but the DOJ disapproved it. Later, upon
submission of additional documents, the DOJ affirmed the BI's recognition of Pennisi as a
Filipino citizen.
In 2003, Senate Committees recommended that the BI conduct summary deportation
proceedings against several Filipino-foreign PBA players, including Pennisi, based on
"highly suspicious circumstances" related to their citizenship.
The DOJ revoked Pennisi's certificate of recognition in 2004 and initiated deportation
proceedings.
Court of Appeals Decision
The Court of Appeals annulled and set aside the DOJ's resolution and the BI's deportation
order, stating that Pennisi's documentary evidence had more probative value than the
affidavits questioning his mother's Filipino citizenship.
Supreme Court Ruling
Gonzales vs. Pennisi 614 SCRA 292 (2010) G.R. No. 169958 Page 1 of 4
The Supreme Court denied the petition from the DOJ and BI, affirming the Court of
Appeals' decision. The Court held that:
The one-day delay in filing the petition for review was excusable.
The case was not rendered moot by Pennisi's deportation, given his intent to return to the
Philippin es.
The evidence presented by Pennisi was more compelling than the affidavits questioning
his mother's citizenship.
Key Takeaway:
The Supreme Court upheld the Court of Appeals' decision, affirming that Michael Alfio
Pennisi is a Filipino citizen and invalidating the DOJ's revocation of his certificate of
recognition and the BI's deportation order.
The case highlights the importance of due process and the evidentiary value of public
documents in matters concerning citizenship. It also emphasizes the role of the judiciary
in reviewing administrative decisions on citizenship, particularly when substantial
evidence is present
ISSUE
Whether the Court of Appeals committed a reversible error in finding that Pennisi is a Filipino citizen.
HELD
The Supreme Court (SC) denied the petition and affirmed the CA's decision. The SC ruled that the
evidence presented by Pennisi, including his mother's birth certificate and Australian documents
indicating her Filipino nationality, have more probative value and must prevail over the affidavits
submitted by barangay officials to the Senate Committees, which cast doubt on the validity of the
mother's birth certificate.
The SC noted that the certificate remains valid unless declared invalid by competent authority and
that there could be reasons for the absence of the family names in the census or master list of voters.
The SC concluded that the CA did not commit a reversible error in finding that Pennisi is a Filipino
citizen.
PRINCIPLES HIGHLIGHTED
Citizenship proceedings can be reviewed by courts, especially when there is
substantial evidence supporting the claim of citizenship.
Documents consisting of entries in public records made by a public officer are

prima facie evidence of the facts stated therein.
The revocation of citizenship based on "highly suspicious circumstances"

requires more substantial evidence than mere affidavits questioning the
authenticity of public documents.
Gonzales vs. Pennisi 614 SCRA 292 (2010) G.R. No. 169958 | Presented by: Maria Cristina R. De Paz
The case highlights the importance of due process and the evidentiary value of public
documents in matters concerning citizenship. It also emphasizes the role of the judiciary in
reviewing administrative decisions on citizenship, particularly when substantial evidence
is present.

Digest Gonzales vs. Pennisi 614 SCRA 292 (2010) G.R. No. 169958

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Digest Gonzales vs. Pennisi 614 SCRA 292 (2010) G.R. No. 169958

Uploaded by

Copyright:

Available Formats

FACTS

Supreme Court Ruling

Documents consisting of entries in public records made by a public officer are

The revocation of citizenship based on "highly suspicious circumstances"

You might also like