BARBOSA, RAUL RONNEL P.

BAR MATTER No. 914 October 1, 1999

RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR,

vs.

VICENTE D. CHING, applicant.

Facts:

Vicente D. Ching, the legitimate son of the spouses Tat Ching, a Chinese citizen, and Prescila A. Dulay, a Filipino, was born in Francia West, Tubao, La Union on 11 April 1964. Since his birth, Ching has resided in the Philippines.

On 17 July 1998, Ching, after having completed a Bachelor of Laws course at the St. Louis University in Baguio City, filed an application to take the 1998 Bar Examinations. In a Resolution of this Court, dated 1 September 1998, he was allowed to take the Bar Examinations, subject to the condition that he must submit to the Court proof of his Philippine citizenship.

Applicant was one of the passers of the Bar exams. However, the OSG points out that Ching has not formally elected Philippine citizenship and, if ever he does, it would already be beyond the "reasonable time" allowed by present jurisprudence. However, due to the peculiar circumstances surrounding Ching's case, the OSG recommends the relaxation of the standing rule on the construction of the phrase "reasonable period" and the allowance of Ching to elect Philippine citizenship in accordance with C.A. No. 625 prior to taking his oath as a member of the Philippine Bar.

Issues:

Can a legitimate child born under the 1935 Constitution of a Filipino mother and an alien father validly elect Philippine citizenship fourteen (14) years after he has reached the age of majority?

Ruling:

His petition was DENIED.

Under Article IV, Section 1(3) of the 1935 Constitution, the citizenship of a legitimate child born of a Filipino mother and an alien father followed the citizenship of the father, unless, upon reaching the age of majority, the child elected Philippine citizenship.

C.A. No. 625 which was enacted pursuant to Section 1(3), Article IV of the 1935 Constitution, prescribes the procedure that should be followed in order to make a valid election of Philippine citizenship. Under Section 1 thereof, legitimate children born of Filipino mothers may elect Philippine citizenship by expressing such intention "in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines."

However, the 1935 Constitution and C.A. No. 625 did not prescribe a time period within which the election of Philippine citizenship should be made. The 1935 Charter only provides that the election should be made "upon reaching the age of majority." The age of majority then commenced upon reaching twenty-one (21) years.

In the present case, Ching, having been born on 11 April 1964, was already thirty-five (35) years old when he complied with the requirements of C.A. No. 625 on 15 June 1999, or over fourteen (14) years after he had reached the age of majority. Based on the interpretation of the phrase "upon reaching the age of majority," Ching's election was clearly beyond, by any reasonable yardstick, the allowable period within which to exercise the privilege. It should be stated, in this connection, that the special circumstances invoked by Ching, i.e., his continuous and uninterrupted stay in the Philippines and his being a certified public accountant, a registered voter and a former elected public official, cannot vest in him Philippine citizenship as the law specifically lays down the requirements for acquisition of Philippine citizenship by election.