A.C. No. 533 - IN RE: Mallare

Respondent Florencio Mallare was admitted to the Philippine Bar on March 5, 1962.
A complaint was filed by then Acting Immigration Commissioner Martiniano P. Vivo questioning Mallare’s citizenship.
The Supreme Court ordered an investigation regarding Mallare’s citizenship to determine if his name should be stricken from the Roll of Attorneys.
The investigation conducted by the Court’s Legal Officer Investigator culminated in a decision dated April 29, 1968, which found that the respondent’s father, Esteban Mallare, was Chinese until his death and his mother was admittedly Chinese, making Florencio Mallare a Chinese national.
Consequently, the Court revoked Mallare’s admission to the bar and ordered the return of his lawyer’s diploma.

Respondent filed a motion for reconsideration, which was denied on January 10, 1969.
On February 4, 1969, Mallare petitioned for reopening of the case and a new trial based on newly discovered evidence.
The new evidence comprised:

A baptismal registry entry from the Immaculate Concepcion Church in Macalelon, Quezon, indicating that Esteban Mallare was the natural son of Ana Mallare, a Filipina.
Testimonies of persons who personally knew Esteban and his mother.

The Court granted reopening and new trial by resolution dated July 31, 1969, setting aside the April 29, 1968 decision. It allowed additional evidence to be presented before the Court’s investigating officer.

Opinions from the Secretary of Justice (Exhibits A and B) asserting failure of proof of citizenship.
Esteban’s death certificate listing him as Chinese (Exhibit C).
Birth certificates of Mallare and siblings indicating Chinese nationality (Exhibits D–G).
Records of related civil cases and special proceedings (Exhibits H–M).
Alien certificate of registration for respondent (Exhibit N).

Court decisions confirming his Filipino citizenship and valid property contracts (Exhibit 1).
Immigration orders canceling alien registration (Exhibit 2).
Bureau of Immigration certificate declaring him a Philippine citizen by birth (Exhibit 3).
Court order correcting his birth record nationality to Filipino (Exhibit 4).
Affidavit showing voter registration (Exhibit 5).
Passport issued as Filipino citizen (Exhibit 6).
Solicitor General’s opinion affirming his Filipino citizenship (Exhibit 7).
Landing certificate of respondent’s mother, Te Na, certifying her as “wife of P.I. citizen” (Exhibit L).
Certification of Esteban Mallare’s registered voter status (Exhibit K-9).
Baptismal registry entry indicating Esteban’s filiation to Ana Mallare.
Testimonies of local residents confirming:

Ana Mallare’s continuous residence in Macalelon and status as a Filipina (Tagalog) and unmarried mother of Esteban;
Esteban’s reputation as Ana’s natural son and his active suffrage participation and political involvement.

The April 29, 1968 decision denied respondent’s claim for lack of evidence that Esteban’s mother, Ana Mallare, was a Filipino inhabitant subject to Spanish rule in 1899.
The supposed ex parte immigration certificate listing Esteban as a P.I. citizen’s husband was accorded little weight.
Esteban’s 1939 affidavit claiming election of Filipino citizenship was deemed self-serving and unsupported by prior evidence.

Witnesses, all natives of Macalelon, uniformly declared that Ana Mallare was a Tagalog Filipina and that Esteban was her natural, illegitimate son.
Reputation was deemed admissible evidence on birth, race, and legitimacy, especially in the Philippine rural context.
Esteban’s consistent use of his mother’s surname and his voting record since 1928 were considered strong proofs of Filipino citizenship and election thereof.
Discrepancies in official documents (death certificate and birth certificates of Mallare children listing Chinese nationality) were attributed to erroneous, mistaken, or misinformed entries, not conclusive proof of non-Filipino citizenship.
Any acts based on erroneous belief of non-Filipino status would not divest Esteban or his descendants of citizenship rights.
Conflicting expert testimonies on the baptismal registry’s authenticity were outweighed by cumulative positive evidence.

The Court found sufficient grounds to reverse the April 29, 1968 decision, declaring Florencio Mallare a Filipino citizen entitled to practice law.
The Court dismissed the complaint without costs.

Whether Florencio Mallare is a Filipino citizen and therefore entitled to practice law in the Philippines.
Whether Esteban Mallare, respondent’s father, was a Filipino citizen by virtue of being the natural son of Ana Mallare, a Filipina.
Whether evidence of residency, reputation, voter registration, and political participation could establish Esteban’s Filipino citizenship despite contrary entries in official documents.
Whether actions undertaken based on the mistaken belief of foreign citizenship could result in loss of Philippine citizenship.