Case Summary (Adm. Case No. 533)
Initial Decision and Findings
In the original decision rendered on April 29, 1968, the Court concluded that Florencio Mallare was not a Filipino citizen. Consequently, the decision revoked his admission to the practice of law and mandated the return of his lawyer's diploma. Additionally, it instructed that copies of the decision be sent to the Secretary of Justice and the Local Civil Registrar of Macalelon, Quezon, to document this ruling.
Subsequent Developments and Evidence
Following the denial of various motions for reconsideration by Mallare, he submitted a petition for reopening the case and requested a new trial. The basis for this petition was the discovery of evidence in the Register of Baptisms, asserting that Mallare’s father, Esteban Mallare, was registered as the natural son of Ana Mallare, which could support Mallare's citizenship claim. The petition also included affidavits from individuals who could attest to the legitimacy of the citizenship claim.
Opposition to Reopening by Immigration
The Commissioner of Immigration opposed the request to reopen the case, arguing that the evidence Mallare sought to introduce was not new but rather forgotten knowledge. This stance emphasized the legal standards regarding new evidence in reopening cases, thus framing the argument within the parameters of procedural integrity.
Court's Consideration and Resolution
Despite the opposition, the Court recognized the importance of ensuring that an individual’s citizenship issue, particularly concerning the practice of law, was thoroughly examined. The Court's resolution to grant the request for reopening and a new trial underscored the principle that a member of the bar should have a fair opportunity to substantiate their citizenship claim before being deprived of their professional rights. The new trial would allow all parties to present additional evidence while considering the original investigation's findings as part of the ne
...continue readingCase Syllabus (Adm. Case No. 533)
Case Overview
- The case pertains to the respondent Florencio Mallare, who was previously admitted to the Philippine Bar in 1962.
- An original decision was rendered on April 29, 1968, declaring Mallare as not a Filipino citizen and revoking his admission to practice law.
- The Court ordered the return of Mallare's lawyer's diploma and directed notifications to relevant authorities, including the Secretary of Justice and the Local Civil Registrar of Macalelon, Quezon.
Background of the Case
- Florencio Mallare's citizenship was questioned, leading to an investigation and subsequent decision by the Court.
- The initial findings indicated that despite being admitted to the practice of law, Mallare was not a Filipino citizen.
- The Court's resolution outlined actions to be taken upon the finality of their decision.
Subsequent Developments
- After the denial of several motions for reconsideration, Mallare filed a petition for reopening the case.
- The basis for this petition was the discovery of a baptismal entry i