In Re Ching
REITERATIONFacts
The Antecedents: Vicente D. Ching was born on April 11, 1964, to Tat Ching, a Chinese citizen, and Prescila A. Dulay, a Filipino. Under the 1935 Constitution, which was the governing charter at the time of his birth, Ching was considered a Chinese citizen but possessed an inchoate right to elect Philippine citizenship upon reaching the age of majority. Ching resided in the Philippines his entire life, became a Certified Public Accountant (CPA), and was even elected as a member of the Sangguniang Bayan (SB) of Tubao, La Union, in 1992. He reached the age of majority (21) on April 11, 1985, but did not immediately file a formal election of citizenship. Procedural History: In 1998, Ching applied to take the Bar Examinations. The Supreme Court (SC) allowed him to take the exams subject to the condition that he submit proof of his Philippine citizenship. Ching passed the 1998 Bar Examinations, but his oath-taking was suspended due to the questionable status of his citizenship. The SC required him to submit further proof and directed the Office of the Solicitor General (OSG) to file a comment. The OSG noted that Ching had not formally elected citizenship within the 'reasonable time' of three years after reaching majority but recommended a relaxation of the rule due to his peculiar circumstances. The Petition: On July 27, 1999, Ching filed a manifestation attaching an Affidavit of Election of Philippine Citizenship and an Oath of Allegiance, both dated July 15, 1999. He argued that he had always considered himself a Filipino, had practiced a profession reserved for citizens, and had served in public office. He contended that these acts constituted an 'informal election' of citizenship and that his formal election in 1999 should be considered valid and retroact to the time he took the Bar Examinations.
Issue(s)
Whether Vicente D. Ching validly elected Philippine citizenship within a 'reasonable time' as required by the 1935 Constitution and Commonwealth Act (C.A.) No. 625.
Ruling
The Court DENIED Vicente D. Ching's application for admission to the Philippine Bar.
Ratio Decidendi
On Issue 1: The Court held that Ching failed to validly elect Philippine citizenship because his formal election was made fourteen (14) years after he reached the age of majority. Under the 1935 Constitution, the election must be made 'upon reaching the age of majority,' which jurisprudence interprets as a 'reasonable time'—typically three (3) years. Applying the precedent in Cuenco v. Secretary of Justice, the Court noted that while the three-year period is not an inflexible rule, a delay of seven years was already deemed unreasonable; thus, Ching's fourteen-year delay is clearly beyond any reasonable yardstick. The Court emphasized that the special circumstances invoked by Ching, such as being a Certified Public Accountant (CPA) and an elected official, cannot vest citizenship as the law specifically requires formal election under Commonwealth Act (C.A.) No. 625. The Court distinguished In Re: Mallare, noting that the 'informal election' doctrine therein applied to individuals who were already Filipino citizens by birth (natural children of Filipino mothers) or born before the 1935 Constitution. Since Ching was a legitimate child of an alien father under the 1935 Constitution, he was strictly required to follow the formal procedure of filing a sworn statement and an oath of allegiance with the civil registry. The Court concluded that Philippine citizenship cannot be treated like a commodity to be claimed when needed and suppressed when convenient, and Ching's unexplained delay resulted in the loss of his golden privilege.
Main Doctrine
Under the 1935 Constitution, a legitimate child born of a Filipino mother and an alien father follows the citizenship of the father unless, upon reaching the age of majority, the child elects Philippine citizenship. The phrase 'upon reaching the age of majority' is construed to mean within a 'reasonable time,' which jurisprudence generally defines as three (3) years from the date the individual turns twenty-one (21). This election is a formal process requiring the execution of a sworn statement and an oath of allegiance to be filed with the nearest civil registry; failure to comply within the reasonable period results in the loss of the inchoate right to citizenship, regardless of the individual's lifelong residency or participation in activities reserved for Filipino citizens.