-

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 election to Philippine citizenship within the reasonable time.

 
HELD:


No. Since the applicant was born on 1964, the governing charter with regards to citizenship issue is the 1935 constitution. Therefor, as said by this Constitution, the citizenship of legitimate child followed the citizenship of the father unless upon reaching the age of majority which is 21, he elected Philippine citizenship.
In the case at bar, Ching did not elect his citizenship when he reached 21 years of age but instead in 1999 which is 14 years after reaching the age of majority, and which the court considered as not within the reasonable period of time. Court also said that Philippine citizenship can never be treated like commodity that can be claimed when needed and suppressed when convenient. The court denies Ching’s application for admission to the Philippine bar.

Popular posts from this blog

GOCHAN vs. YOUNG

-
  VIRGINIA O. GOCHAN , FELIX Y. GOCHAN III, MAEGOCHANEFANN, LOUISE Y. GOCHAN, ESTEBAN Y.GOCHAN, JR., DOMINIC Y. GOCHAN, FELIX O. GOCHAN III,MERCEDES R. GOCHAN, ALFREDO R. GOCHAN, ANGELINAR. GOCHAN-HERNAEZ, MARIA MERCED R. GOCHAN,CRISPO R. GOCHAN, JR., MARION R. GOCHAN, MACTANREALTY DEVELOPMENT CORPORATION and FELIXGOCHAN & SONS REALTY CORPORATION, petitioners, vs.  RICHARD G. YOUNG , DAVID G. YOUNG, JANE G. YOUNG-LLABAN, JOHN D. YOUNG, JR., MARY G. YOUNG-HSU andALEXANDER THOMAS G. YOUNG as heirs of Alice Gochan; theINTESTATE ESTATE OF JOHN D. YOUNG, SR.; and CECILIA GOCHAN-UY and MIGUEL C. UY, for themselves and on behalf and for the benefit of FELIX GOCHAN & SONS REALTYCORPORATION, respondents. G.R. No. 131889. March 12, 2001. PANGANIBAN, J. Topic:  Piercing the veil of corporate fiction Principles/Doctrines:  The notion of corporate entity will be pierced or disregarded and the individuals composing it will be treated as identical if the corporate entity is...
Read more

ARNOLD HALL vs. PICCIO

-
ARNOLD HALL  and BRADLEY P. HALL, petitioners, vs. EDMUNDO S. PICCIO , Judge of the Court of First Instance of Leyte, FRED BROWN, EMMA BROWN, HIPOLITA CAPUCIONG, in his capacity as receiver of the Far Eastern Lumber and Commercial Co., Inc., respondents. G.R. No. L-2598. June 29, 1950. BENGZON, J.   Topic:  Classification of Corporation as to Legal Status. De Facto Corporation   FACTS:   The petitioners  C. Arnold Hall and Bradley P. Hall, and the respondents  Fred Brown, Emma Brown, Hipolita D. Chapman and Ceferino S. Abella, signed and acknowledged in Leyte , the article of incorporation of the Far Eastern Lumber and Commercial Co., Inc. , organized to engage in a general lumber business to carry on as general contractors, operators and managers.   Immediately after the execution of said articles of incorporation, the corporation proceeded to do business with the adoption of by-laws and the election of its officers.  On December 2, 1947, th...
Read more

PEO-LLAMANZARES VS. COMELEC AND ELAMPARO

-
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....
Read more