Title
Supreme Court
David vs. Agbay
Case
G.R. No. 199113
Decision Date
Mar 18, 2015
A Canadian-turned-Filipino citizen falsely claimed Filipino status in a land lease application; re-acquisition of citizenship under RA 9225 did not retroactively cure falsification.

Case Digest (G.R. No. 199113)
Expanded Legal Reasoning Model

Facts:

  • Background of the Parties and Property
    • Renato M. David (petitioner) naturalized as Canadian citizen in 1974; returned to the Philippines upon retirement with his wife.
    • In 2000, they purchased a 600-sqm beachfront lot in Tambong, Gloria, Oriental Mindoro and constructed a residential house thereon.
  • Discovery of Public Land Status and Lease Application
    • In 2004, petitioner learned the lot was public land within the salvage zone, not titled property.
    • On April 12, 2007, he filed a Miscellaneous Lease Application (MLA) with DENR-CENRO, declaring himself a Filipino citizen.
  • Opposition and Criminal Complaint
    • Private respondent Editha A. Agbay opposed the MLA, arguing petitioner, as a Canadian citizen, was disqualified to hold land.
    • She filed a criminal complaint (I.S. No. 08-6463) for falsification of public documents (Art. 172, RPC).
    • January 8, 2009: the Provincial Prosecutor found probable cause to indict petitioner.
  • Re-acquisition of Philippine Citizenship
    • On October 11, 2007, petitioner took the oath under RA 9225 (Citizenship Retention and Re-acquisition Act of 2003), receiving Identification Certificate No. 266-10-07.
    • June 3, 2008: the CENRO denied his MLA as void ab initio, ruling subsequent reacquisition did not cure the original defect.
  • Lower Court Proceedings on Probable Cause
    • July 26, 2010: the DOJ denied petitioner’s petition for review of the prosecutor’s resolution.
    • February 11, 2011: the MTC of Socorro denied his Motion for Re-Determination of Probable Cause, holding he was still a Canadian at the time of filing the MLA.
    • October 8, 2011: the RTC of Pinamalayan denied his certiorari petition under Rule 65, finding no grave abuse of discretion by the MTC and advising that citizenship could be raised at trial.

Issues:

  • Whether petitioner may be indicted for falsification of a public document for representing himself as Filipino in his MLA despite subsequent re-acquisition of Philippine citizenship under RA 9225.
  • Whether the MTC properly denied petitioner’s Motion for Re-Determination of Probable Cause on the ground of lack of jurisdiction over his person.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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