The Bold Stoica Lawyer

REPUBLIC VS. LIYAO 214 SCRA 748. 1992 FACTS: William Li Yao, a Chinese national, filed a petition for naturalization in June 1949. The court ruled that he possessed all the qualifications necessary to become a naturalized Filipino though the decision will only become executory until after 2 years from its promulgation when the court is satisfied that during the intervening period, the applicant has 1. Not left the Philippines, 2. Has dedicated himself to a lawful calling or profession, 3. Has not been convicted of any offense or violation of Government promulgated rules, or 4. Committed any act prejudicial to the interest of the nation or contrary to the government announced policies. In 1952, the court allowed him to take his oath of allegiance as Filipino. In 1968, Solicitor General filed a motion to cancel the certificate of naturalization as it was fraudulently acquired, for he evaded payment of taxes due to the government. C was cancelled. ISSUE: ...

REPUBLIC VS. DELA ROSA. G.R.NO. 104654. JUNE 6, 1994 FACTS: On September 1991, petitioner filed a petition for naturalization captioned to be readmitted as citizen of the Philippines. The respondent Judge set the hearing on March 16, 1992 and directed the publication of the said order and petition in the official gazette and a newspaper of general circulation for 3 consecutive weeks, the last publication of which should be at least 6 months before the said date of hearing. In January 14, 1992, file a motion to set hearing ahead of schedule, that it shall be alone in January instead of March “where he manifested his intention to run for public office in the May 1992 elections. This motion was granted and the hearing was moved. Judge rendered that petitioner Frivaldo, is readmitted as a citizen of the Philippines by naturalization, thereby vesting upon him all the rights and privileges of a natural born Filipino citizen. Solicitor General interposed an appeal. ISSU...

ANTONIO BENSON III VS. HRET AND TEODORO CRUZ. G.R. NO. 142840. MAY 7, 2001. Political Law 1 FACTS: Respondent Cruz was a natural born Filipino citizen and of Filipino parents. The fundamental law then applicable is 1935 Constitution. In 1985, Cruz enlisted in the U.S Marine Corps and without consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Philippine Citizenship for rendering service or accepting commission in the Armed Forces of Foreign Country. In 1994, Cruz reacquired his Philippine citizenship through repatriation under R.A. 2630. He ran and elected as the Representative of the Second District of Pangasinan in 1998 elections. Petitioner filed a petition for qou warranto contending that as Cruz only reacquire his Philippine citizenship, he is not a Filipino natural born citizen. ISSUE: Whether Cruz, a natural born Filipino citizen who became an American citizen, can still be considered n...

ANTONIO BENSON III VS. HRET AND TEODORO CRUZ. G.R. NO. 142840. MAY 7, 2001 FACTS: Respondent Cruz was a natural born Filipino citizen and of Filipino parents. The fundamental law then applicable is 1935 Constitution. In 1985, Cruz enlisted in the U.S Marine Corps and without consent of the Republic of the Philippines, took an oath of allegiance to the United States. As a consequence, he lost his Philippine Citizenship for rendering service or accepting commission in the Armed Forces of Foreign Country. In 1994, Cruz reacquired his Philippine citizenship through repatriation under R.A. 2630. He ran and elected as the Representative of the Second District of Pangasinan in 1998 elections. Petitioner filed a petition for qou-warranto contending that as Cruz only reacquire his Philippine citizenship, he is not a Filipino natural born citizen. ISSUE: Whether Cruz, a natural born Filipino citizen who became an American citizen, can still be considered natural born upo...

FLORENTINO VILLAHERMOSO VS. THE COMMISSIONER OF IMMIGRATION. G.R.NO. L-1663. MARCH 31, 1948 FACTS: In the night of March 24, 1947, a party of sicty nine Chinese landed clandestinely on the shores of Sto. Domingo, Ilocus Sur, in an attempt to evade our immigration laws. Leading them was Delfin Co, an 18-year-old man born in Tarlac, of Chinese father named Co Suy and Florentina Villahermoso, his wife. Delfin left Philippine for China as a Chinese repatriate. However due to financial difficulties in China, he took steps to return and along with other co-patriots, he leads them to Ilocus Sur where they can have her mother assistance. They were discovered and apprehended upon their arrival. The order of deportation of Delfin Co as a Chinese citizen to China has been issued. Florentino after knowing the apprehension of her son, filed an oath of allegiance to resume her Philippine citizenship and thereafter contended that as a result of such re-acquisition, his son being a mi...

RE:APPLICATION FOR ADMISSION TO THE BAR VS. VICENTE D. CHING, APPLICANT BAR MATTER NO. 914, OCTOBER 1, 1999 FACTS: Vicente Ching, a legitimate son of the spouses Tat Ching, a Chinese citizen, and Priscila Dulay, a Filipina, was born in La Union on April 11, 1964. CHing after graduated Bachelor of Laws in the City of Baguio, filed an application to take the 1998 bar exam, The Supreme Court allowed him to take the Bar examinations provided that he can produce proof of his Philippine Citizenship. Ching Complied. In 1999, Ching was one of the successful bar examinees, however, he was not allowed to take his oath due to his questionable citizenship. OSG filed his comment that CHing, being the legitimate child of a Chinese father and a Filipino mother born under the 1935 Constitution was indeed a Chinese citizen and continued to be so, unless upon reaching the age of majority he elected Philippine citizenship. ISSUE: Whether Ching is a Filipino citizen. Whether his elect...

POE-LLAMANZARES VS. COMELEC AND ELAMPARO G.R.NO. 221697. MARCH 2016 FACTS: Grace Poe was found in a church in Iloilo sometime in 1968. The children of the who found her reported the incident before the Local Civil Registrar. It was named as Mary Grace Militar. She was subsequently adopted by Fernando Peo Jr. and Susan Roces sometime in 1974. In year 2006, a Certificate of Live Birth in the name of Mary Grace Poe was issued by the Civil Registrar of Iloilo. At the age oof 18 Poe was registered as a voter of San Juan. She married to Teodoro Llamanzares and flew to U.S.A after the wedding. In 2001, Poe became naturalized American Citizen. In 2004, Peo come back to the Philippines to support her father’s candidacy. She then returned to U.S. After learning of her father’s deteriorating condition, Poe returned within the same year. Because she wanted to be with her grieving mother, she and her husband decided to move and reside permanently in the Philippine in year 2005....

MA. JEANETTE TECSON AND FELIX DESIDERIO VS. COMELEC, ALLAN POE (AKA FPJ) AND FORNIER G.R.No. 161434. March 3, 2004 FACTS: In December 2003, Ronal Allan Poe, also known as FPJ, filed his Certificate of Candidacy for Presiding for the 2004 National elections. FPJ in his certificate of candidacy represented himself as natural born Filipino citizen. This has been assailed before COMELEC to disqualify or cancel his certificate of candidacy upon the thesis that he made a material misrepresentation in the certificate by claiming that he is a natural born Filipino citizen when in truth according to Fornier, his parents were foreigners; his mother is an American; and his father being Spanish national being also a son of Spanish subject COMELEC denied / dismissed Forniers action for lack of merit. Allan F. Poe, married Bessie Kelly only a year after the birth of Respondent. ISSUE: Whether FPJ is a natural born Filipino citizen. Whether the father of FPJ is a Filipino Citizen...

RE:APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR. VICENTE D. CHING. BAR MATTER NO. 914 OCT. 1999 FACTS: Vicente Ching, a legitimate son of the spouses Tat Ching, a Chinese citizen and Prescilla Dulaf, a Filipina, was born in Tubao on April 11, 1964. Since birth, Ching was resided in the Philippines. In 1998, Ching graduated of Bachelor of Laws at St. Luis University in Baguio City and filed an application to take the 1998 bar exam. The Supreme Court allowed him to take the Bar Exams, provided that he can produce proof of his Philippines citizenship. In compliance with the requirements, Ching submitted the 1) Certificate from board of Accountancy that shows he is a public accountant, 2) voter certification from COMELEC, 3) Certification showing that he was elected as member of Sanggunian Bayan of La Union. I April 1999 CHing was included as one of the successful Bar examinee, but he was barred to take his oath due to questionable citizenship upon reaching the age of maj...

REPUBLIC OF THE PHILIPPINES VS. NORRA PE SAGUN G.R.NO. 187567. FEBRUARY 15, 2012. Political Law 1 FACTS: Nore Fe Sagun is the legitimate child of Albert Chan a Chinese national and Marta Borromeo,   a Filipino Citizen, She was born on August 1959 in Baguio city and did not elect Philippine citizenship upon reaching the age of majority. In 1992, at the age of 33 an after getting married to Alex Sagun, she executed an oath of Allegiance to the Republic of the Philippines. Said document was notarized by Atty. Leugoon but was not recorded and registered with the Local Civil Registrar. IN 2005, respondent applied for a Philippine passport. Her application was denied because of the citizenship of her father and there being no annotation in her birth certificate that the elected Philippine citizenship. She sought judicial declaration of her election of Philippine citizenship averring that she was raised   as Filipino and she is a registered voter in Baguio city, th...

REPUBLIC OF THE PHILIPPINES VS. CHULE Y. LIM G.R.No. 153883, JANUARY 13, 2004, Political Law 1 FACTS: Respondent Chule Lim was an illegitimate child of a Chinese father and a Filipino Mother. She filed a petition to the court for correction of four erroneous entries in her birth certificate, to wit among others: 1. Her nationality was entered as Chinese when it should have been Filipino, and 2. That she was a legitimate child when it should have been described as illegitimate considered that her parents were never married.  Trial court granted the petition sought by respondent to set the records straight and in their proper perspective, however, herein petitioner filed an appeal specifically on the correction of her citizenship not being complied with the legal requirements for election of citizenship as the Prosecutor contends that Lim’s father was a Chinese, that she acquired her father’s citizenship pursuant to 1935 Constitution in place when she was born, ...

WILLIAM CHIONGBIAN VS. DE LEON, IN HIS CAPACITY AS COMMISSION OF CUSTOM, G.R.No. L-2007, Political Law 1 FACTS: The herein petitioner is a son of a Chinese citizen who has been elected into office before the adaptation of the Constitution, wherein said petitioner was still a minor. Respondent seeks to cancel the registration certificates of the petitioner’s vessels and rescind the sale of vessels from the same on the ground that the latte is allegedly not a Filipino citizen and therefore not qualified to operate and own vessels of Philippine registry. ISSUE: WHETHER William Chiongban is a Filipino Citizen. HELD: Holding public office through election before the adoption of the Constitution. – Upon the adaptation of the Constitution, Victoriano Chiongban, father of the petitioner, having been elected to a public office in the Philippines before the adoption of the Constitution, became a Filipino citizen by virtue of Article IV, Section 1, Subsec...

Elizabeth Lee and Pacita Lee vs. Director of Lands , Political Law 1, G.R. No. 128195, October 3, 2001 FACTS: Sometime in 1936, Rafael Dinglasan et.al., sold to a Chinese citizen named Lee Liong, a parcel of land lot 398 covered by an Original Certificate of Title No. 3389 situated in Roxas City.  In 1948 and 1968 former owners filed with the court an action against the heirs of Lee Liong for annulment of sale and recovery of land. They assailed the validly the validity of the sale because of the constitutional prohibition against alien acquiring ownership of lands either of private or public domain.  In both cases, Supreme Court ruled against Dinglasan.  In 1993, the herein petitioners who were widows of the heirs of Lee Liong who was then the owner of the subject land, filed with the RTC a petition for reconstruction of title of lot. no. 348 formerly covered by OCT No. 3389. Elizabeth Lee acquired her share in lot. no. 398 through an extrajudicia...