Case Summary (G.R. No. 199113)
Factual Background
In 2000, petitioner and his wife purchased and built a house on a 600-sqm beachfront lot in Gloria, Oriental Mindoro, later identified as public land. On April 12, 2007, petitioner filed a Miscellaneous Lease Application (MLA) with DENR/CENRO, declaring he was a Filipino citizen. Private respondent Agbay opposed on the ground that petitioner, as a Canadian citizen, was disqualified from owning land, and filed a complaint for falsification of public documents. On October 11, 2007, petitioner took the oath under RA 9225 and re-acquired Philippine citizenship.
Administrative and Pretrial Proceedings
• January 8, 2008: Provincial Prosecutor finds probable cause to indict.
• June 3, 2008: CENRO rejects MLA as void ab initio; post-application reacquisition of citizenship does not cure the defect.
• July 26, 2010: DOJ denies petitioner’s petition for review.
• 2012: Information for falsification filed in MTC Socorro; arrest warrant issued.
MTC and RTC Rulings on Probable Cause
On February 11, 2011, petitioner moved for redetermination of probable cause before arrest. The MTC denied the motion on March 22, 2011, holding that at the time of the MLA (April 2007) petitioner was still a Canadian citizen under CA 63 and RA 9225’s distinction between “reacquisition” (for those naturalized before effectivity) and “retention” (after effectivity). The MTC also cited lack of jurisdiction over petitioner’s person. The RTC denied petitioner’s certiorari petition on October 8, 2011, finding no grave abuse of discretion and noting that citizenship issues could be raised at trial.
Issues
- Whether petitioner may be indicted for falsification under RPC Art. 172 for representing himself as a Filipino in his MLA despite subsequent re-acquisition under RA 9225.
- Whether the MTC properly denied the motion for redetermination of probable cause for lack of jurisdiction over petitioner’s person.
Applicable Law and Jurisprudence
• 1987 Constitution – citizenship and land ownership requirements.
• RA 9225, Sections 2–3 – declares policy deeming Philippine citizenship not lost “under the conditions of this Act” and distinguishes “re-acquisition” (pre-effectivity naturalization) from “retention” (post-effectivity foreign naturalization).
• CA 63 – provided that naturalization abroad causes loss of Philippine citizenship.
• RPC Arts. 171–172 – elements of falsification of public documents.
• Frivaldo v. COMELEC; Altarejos v. COMELEC – on retroactivity of reacquisition.
• Miranda v. Tuliao; Santiago v. Vasquez – on jurisdiction over the person and custody of the law.
Court’s Analysis on Citizenship
RA 9225’s Section 3(a) applies to those naturalized abroad before August 29, 2003, deeming them to have re-acquired Philippine citizenship only upon taking the oath. Petitioner, naturalized in 1974, falls in this ca
...continue readingCase Syllabus (G.R. No. 199113)
Procedural Posture
- Petition for review under Rule 45 filed by Renato M. David seeking reversal of RTC Order dated October 8, 2011 denying his certiorari petition.
- Certiorari petition challenged March 22, 2011 MTC Order denying his Urgent Motion for Re-Determination of Probable Cause.
- MTC issued the order on ground of lack of jurisdiction over person and lack of merit; RTC found no grave abuse of discretion and denied relief.
- Petition elevated to the Supreme Court under Rule 45 to resolve issues of falsification indictment and person-jurisdiction.
Factual Background
- Petitioner naturalized as Canadian citizen in 1974; retired and returned to the Philippines with his wife.
- In 2000, they purchased and built a house on a 600-sqm beach lot in Tambong, Gloria, Oriental Mindoro.
- In 2004, discovered the site was public land in the salvage zone.
- April 12, 2007: Filed a Miscellaneous Lease Application (MLA) over the subject land with DENR–CENRO, declaring himself a Filipino citizen.
- Private respondent Agbay opposed MLA, asserting petitioner’s Canadian citizenship rendered him disqualified to own land.
- Agbay filed criminal complaint for falsification of public documents under Art. 172, RPC (I.S. No. 08-6463).
Administrative and Criminal Proceedings
- October 11, 2007: Petitioner re-acquired Philippine citizenship under RA 9225, as evidenced by Identification Certificate No. 266-10-07.
- Petitioner alleged good faith: intended to re-acquire citizenship and relied on CENRO assurance to declare Filipino status; alleged misrepresentation by Agbays.
- January 8, 2008: Provincial Prosecutor’s Office found probable cause to indict for falsification, recommended filing of information.
- June 3, 2008: CENRO rejected petitioner’s MLA as void ab initio, ruling post-reacquisition citizenship did not cure initial defect.
- July 26, 2010: DOJ denied petitioner’s petition for review, finding elements of falsification sufficient for indictment.
- Information for falsification filed in MTC (Criminal Case No. 2012); warrant of arrest issued.