Case Digest (G.R. No. 193993) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Vivenne K. Tan v. Vincent “Bingbong” Crisologo, petitioner Vivenne K. Tan, a natural‐born Filipino, became a naturalized U.S. citizen on January 19, 1993, thereby relinquishing her Philippine citizenship under Commonwealth Act No. 63. On October 26, 2009, she applied to register as a voter in Precinct 0853-A, Barangay Sto. Domingo, Quezon City, declaring herself a Filipino citizen by birth. The Election Registration Board approved her registration on November 16, 2009. She took an Oath of Allegiance to the Republic of the Philippines before a notary on November 30, 2009, and on December 1, 2009 filed a petition under Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) for the reacquisition of her Philippine citizenship, executing a sworn declaration renouncing her U.S. nationality. The Bureau of Immigration confirmed her reacquisition on the same day, after which she filed her Certificate of Candidacy for the 2010 elections. On December 28, 2009, resp... Case Digest (G.R. No. 193993) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Vivenne K. Tan’s citizenship history and voter registration
- Born 1 April 1968 to Filipino parents; naturalized U.S. citizen on 19 January 1993 after taking the U.S. Oath of Allegiance, thereby renouncing Philippine citizenship.
- On 26 October 2009 applied to register as voter in Precinct 0853-A, Sto. Domingo, Quezon City, representing herself as Filipino by birth; Election Registration Board (ERB) approved on 16 November 2009.
- On 30 November 2009 took Philippine Oath of Allegiance before a Makati notary; on 1 December 2009 filed petition under R.A. No. 9225 with Bureau of Immigration (BI) for reacquisition of Philippine citizenship and executed sworn declaration renouncing U.S. citizenship; BI granted petition and issued Certificate of Reacquisition same day; she then filed her Certificate of Candidacy for the 2010 elections.
- Judicial proceedings on voter exclusion
- On 28 December 2009 Vincent “Bingbong” Crisologo filed petition with Metropolitan Trial Court (MeTC), Branch 37, Quezon City (Civil Case No. 37-09-1292), to exclude Tan from voter list for lack of Filipino citizenship at registration and alleged residency defect.
- MeTC Decision (14 January 2010) granted exclusion, holding Tan was not Filipino on 26 October 2009 as evidenced by her subsequent oaths and BI petition.
- RTC, Branch 95, Quezon City reversed MeTC (Decision dated 14 January 2010), ruling Tan’s citizenship defect “cured” by Philippine oath, BI order, and declaration under R.A. No. 9225, deeming she never lost Filipino citizenship; dismissed exclusion petition.
- Crisologo filed certiorari with Court of Appeals (CA), which on 20 April 2010 Decision and 1 October 2010 Resolution found RTC in grave abuse of discretion, reinstated MeTC’s exclusion of Tan from voter list.
- Tan elevated the CA Decision to the Supreme Court via petition for review on certiorari, challenging CA’s interpretation of R.A. No. 9225 and the timing of her citizenship reacquisition.
Issues:
- Primary issue
- Whether Vivenne K. Tan was a Philippine citizen at the time she registered as a voter on 26 October 2009.
- Subsidiary issues
- Whether reacquisition of Philippine citizenship under R.A. No. 9225 has retroactive effect to validate her prior voter registration.
- Whether subsequent acts (Philippine oath, BI petition and order) cure any defect in her citizenship existing at the time of registration.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)