Case Summary (G.R. No. 243931)
Facts of the Case
– Born 11 April 1964 under the 1935 Constitution, Ching is the legitimate child of a Filipino mother and Chinese father.
– He graduated with an LL.B. from St. Louis University, Baguio City, and applied on 17 July 1998 to take the 1998 Bar Examinations.
– The Supreme Court allowed him to sit for the exams on condition he prove Philippine citizenship.
– Ching submitted a CPA certification (1986), a voter certification (1997), and proof of elective office (1992–1995).
– He passed the Bar in April 1999 but was barred from oath-taking, pending further proof of citizenship.
Procedural History and Requirements
– 20 April 1999: Court directed Ching to submit additional proof of citizenship and invited OSG comment.
– 8 July 1999: OSG filed that Ching, under the 1935 Constitution and Commonwealth Act No. 625 (C.A. 625), had only inchoate citizenship until he elected Philippine citizenship “upon reaching the age of majority,” within a “reasonable time” (three years).
– 27 July 1999: Ching filed a Manifestation attaching an Affidavit of Election of Philippine Citizenship and Oath of Allegiance dated 15 July 1999, executed before a notary and filed with the Tubao civil registrar.
Issue Presented
Whether a legitimate child born under the 1935 Constitution to a Filipino mother and alien father may validly elect Philippine citizenship fourteen years after reaching majority, and if such belated election retroacts to the time he took the Bar examination.
Applicable Law
– 1987 Constitution, Article IV, Section 1(3): “Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority…”
– Commonwealth Act No. 625: Prescribes formal procedure—sworn statement and oath of allegiance—to elect Philippine citizenship.
– Jurisprudence: Election must occur within a “reasonable time” after attaining majority; generally interpreted as three years but flexible in exceptional circumstances (Cuenco v. Sec. of Justice).
Interpretation of “Upon Reaching the Age of Majority”
– Majority under the 1935 Constitution began at 21 years.
– U.S. State Department guidance and pre-1935 Philippine jurisprudence established a three-year “reasonable time” to make the election.
– Extensions permitted only under special circumstances (e.g., continuous belief in Filipino status), but not indefinitely (Cuenco).
Analysis of Election Timing
– Ching reached majority on 11 April 1985; he formally elected citizenship only on 15 July 1999—over fourteen years later.
– This delay far exceeds the three-year guideline and falls outside any permissible extension.
– Ching offered no explanation for the protracted delay; the election process under C.A. 625 is neither onerous nor obscure.
Rejection of Special Circumstances and Informal Election
– Continuous residence, professional practice, voter registration, and elective office do not substitute the formal election mandated by the Constitution and C.A. 625.
– Informal
Case Syllabus (G.R. No. 243931)
Facts of the Case
- Vicente D. Ching was born on 11 April 1964 in Francia West, Tubao, La Union.
- He is the legitimate son of Tat Ching, a Chinese citizen (father), and Prescila A. Dulay, a Filipino citizen (mother).
- He has resided continuously in the Philippines since birth.
- On 17 July 1998, after completing his Bachelor of Laws at St. Louis University in Baguio City, Ching applied to take the 1998 Bar Examinations.
- The Court conditionally allowed him to sit for the Bar, subject to proof of Philippine citizenship.
Procedural History
- 18 November 1998: Ching submitted a CPA board certification (1986), a COMELEC voter’s certification (1997), and a certificate of election to the Sangguniang Bayan (1992).
- 5 April 1999: Ching was among the successful Bar examinees.
- 20 April 1999: The Court postponed his oath, directed further proof of citizenship, and required the Office of the Solicitor General (OSG) to comment.
- 8 July 1999: The OSG filed its comment, arguing Ching held only inchoate citizenship and failed to elect within a reasonable time.
- 27 July 1999: Ching filed a Manifestation, attaching an Affidavit of Election of Philippine Citizenship and an Oath of Allegiance dated 15 July 1999.
Issue Presented
- Whether a legitimate child born under the 1935 Constitution of a Filipino mother and an alien father can validly elect Philippine citizenship fourteen (14) years after reaching the age of majority.
- If the election is valid, whether Ching’s citizenship by election retroacted to the time he took the Bar Examination.
Applicable Constitutional and Statutory Provisions
- 1935 Constitution, Art. IV, Sec. 1(4): citizenship of legitimate children born of Filipino mothers and alien fathers follows the father, “unless, upon reaching the age of majority, elect Philippine citizenship.”