Case Digest (B.M. No. 914)
Facts:
Vicente D. Ching, born 11 April 1964 in Francia West, Tubao, La Union, is the legitimate son of Tat Ching, a Chinese citizen, and Prescila A. Dulay, a Filipino, and has resided in the Philippines since birth. He passed the 1998 Bar Examinations but was barred from taking the oath pending proof of Philippine citizenship; the Office of the Solicitor General (OSG) contended that under the 1935 Constitution and C.A. No. 625 an election of Philippine citizenship must be made "upon reaching the age of majority" and within a reasonable time, and Ching filed an Affidavit of Election and Oath dated 15 July 1999, some fourteen years after reaching majority.
The Court required resolution whether Ching validly elected Philippine citizenship within the allowable period and whether any valid election would retroact to cover the time he took the bar examination.
Issues:
- Can a legitimate child born under the 1935 Constitution of a Filipino mother and an alien father validly elect Philippine citizenship fourteen years after reaching the age of majority?
- If such an election is valid, does the election retroact to the time the elector took the Bar examination?
Ruling:
The Court held that Vicente D. Ching failed to validly elect Philippine citizenship and denied his application for admission to the Philippine Bar. The Court found his election of 15 July 1999 was made well beyond any "reasonable time" after reaching majority and thus ineffective; consequently no question of retroactivity arose.
Ratio:
The Court relied on Article IV, Section 1(4) of the 1935 Constitution and the procedure prescribed in C.A. No. 625, which requires a sworn statement and oath to perfect the election of citizenship. Although neither the Constitution nor the statute fixed a time limit, jurisprudence and administrative opinions construe "upon reaching the age of majority" to mean within a reasonable period—generally three years but not absolutely inflexible as in Cuenco vs. Secretary of Justice—and extensions are exceptional. A lapse of fourteen years was held beyond any reasonable period, and Ching's continuous residence, voting, professional practice, and prior elective office could not substitute for the formal election required by law.
Doctrine:
- Under the 1935 Constitution and C.A. No. 625, a legitimate child of a Filipino mother and alien father has only an inchoate right to Philippine citizenship that must be perfected by a formal election and oath.
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