Haifah M. Sapihi Case Digests for Finals

CICERON P. ALTAREJOS, PETITIONER, VS. COMMISSION ON ELECTIONS, JOSE ALMIÑE AND VERNON VERSOZA, RESPONDENTS, GR No. 163256, November 10, 2004(En Banc) J. Azcuna

Facts: Ciceron P. Altarejos, a candidate for mayor in the Municipality of San Jacinto, Masbate in the May 10, 2004 national and local elections was petitioned by the respondents to be disqualified or cancel his certificate of candidacy on the ground that he is not a Filipino citizen and made a false representation in his certificate of candidacy that he was not a permanent resident of or immigrant to a foreign country.

Issues: 1) Is the registration of petitioner’s repatriation with the proper civil registry and with the Bureau of Immigration a prerequisite in effecting repatriation; and 2) Whether or not the COMELEC en banc committed grave abuse of discretion amounting to excess or lack of jurisdiction in the affirming the Resolution of the COMELEC, First Division in disqualifying Altajeros in his candidacy.

Rulings: 1) Yes. The registration of the Certificate of Repatriation in the proper civil registry and the Bureau of Immigration is a prerequisite in effecting the repatriation of a citizen. In the case at bar, petitioner completed all the requirements of repatriation only after he filed his certificate of candidacy for a mayoralty position but before the elections. Petitioner’s repatriation retroacted to the date he filed his application  and was, therefore, qualified to run for a mayoralty position in the government in the May 10, 2004 elections.

2) No. Petitioner submitted necessary documents proving compliance with the requirements of repatriation only during his motion for reconsideration, which could no longer be considered as evidence by the COMELEC en banc in The Comelec Rules of Procedures. 

Petition DENIED.

 

RAMON SIA REYES, PETITIONER, VS. DEPORTATION BOARD, HON. FELIX Q. ANTONIO, HON. FELIX V. MAKASIAR, HON. MANUEL V. REYES, AND THE COURT OF FIRST INSTANCE OF MANILA, BRANCH XXIV, RESPONDENTS, GR No. L-31763, May 30, 1983

(Second Division) J. Escolin

 

 

Facts: Ramon Sia Reyes, having Chinese parents who was subsequently naturalized as a Filipino citizen was charged by the Deportation Board of misrepresenting himself as a Filipino citizen, declaring him as a resident Chinese national subject to the jurisdiction of the Board to deportation if finally determined that just and sufficient cause exists for his expulsion as an undesirable alien.

Issues: 1) Whether or not petitioner is a Filipino citizen? 2) Do judicial declarations of petitioner’s Filipino citizenship and resolution of Deportation Board constitute res judicata? 3) Is the principle of jus soli applicable in the case at bar?

Rulings: 1) Having both parents Chinese, while his father was subsequently naturalized as a Filipino citizen, even if petitioner himself elected Filipino citizenship upon reaching the age of majority was inefficacious since he was no longer a minor when his father was naturalized. Also his mother was not a citizen of the Philippines at the time of her marriage, at the time of petitioner’s birth, and at the time the petitioner reached the age of majority.

2) No. A judicial declaration of Filipino citizenship as a mere incident in the adjudication of rights is not res judicata.

3) No. The doctrine of jus soli was never extended to the Philippines. (Tan Chong vs. Secretary of Labor)

Petition DENIED.

 

 

LO BENG HA ONG, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT, GR No. L-24503,

September 28,1968

J. Reyes, J.B.L.

Facts:  Lo Beng Ha Ong, a daughter of Chinese parents who permanently  resides in the Philippines, is married to a resident of Daet, Camarines Norte, Nelson Ong, a natural-born Filipino. She filed a petition entitled "In the Matter of the Petition for Acquisition of Filipino Citizenship by Marriage and Cancellation of Alien Certificate of Registration”.

Issue: Whether or not a woman who now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citi­zen of the Philippines?

Ruling:  The marriage to a Filipino citizen does not automatically make her a citizen of the Philippines. To be deemed a citizen of the Philippines one must possess not only the qualifications required by the law to become a Filipino citizen by naturalization but also none of the disqualifications even if the husband is a native-born Filipino.

Petition DENIED.S