Bar Matter No. 914 October 1, 1999 Vicente Ching.docx

BAR MATTER No. 914 October 1, 1999 RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR, vs. VICENTE D. CHING, applicant. FACTS: Vicente D. Ching is a legitimate son of the spouses Tat Ching, a Chinese citizen, and Prescila Dulay, a Filipino and was born in Francia West, Tubao La Union on April 11, 1964. Since his birth, Ching has resided in the Philippines. Having completed a Bachelor of Laws course at the St. Louis University in Baguio City, he filed an application to take the 1998 Bar Examination and was allowed to take the exam on the condition that he must submit to the court proof of his Philippine citizenship. In compliance, Ching submitted the following documents.   

Certification that he is a Certified Public Accountant (issued by the Board of Accountancy) Voter certification issued by COMELEC in Tubao La Union Certification showing that Ching was elected as a member of the Sangguniang Bayan of Tubao during the May 12, 1992 Synchronized elections

When the result of the Bar Examination was released, Ching was one of the successful examinees; however, because of the questionable citizenship, he was not allowed to take his oath. The Office of the Solicitor General (OSG) commented that since petitioner was born under the 1935 Constitution, he was technically a Chinese citizen and continued to be so, unless upon reaching the age of majority he elected Philippine citizenship. This is in strict compliance with the provisions of Commonwealth Act No. 625 entitled "An Act Providing for the Manner in which the Option to Elect Philippine Citizenship shall be declared by a Person Whose Mother is a Filipino Citizen.” On July 15, 1999, Ching elected Philippine Citizenship and filed a manifestation thereafter attaching his affidavit of election. ISSUE: Whether or not, Ching’s election of Philippine citizenship was done within a reasonable time. RULING: The court held that Ching failed to validly elect Philippine citizenship within a reasonable time. He was already thirty-five (35) years old when he complied with the requirements of C.A. No. 625 on June 15, 1999. Aside from the fact that petitioner has offered no reason in delaying his election of Philippine citizenship, the span of fourteen (14) years that lapsed from the time he reached the age of majority until he finally expressed his intention to elect Philippine citizenship is clearly beyond, by any reasonable yardstick, the contemplation of the requirement of electing "upon reaching the age of majority," which the Secretary of Justice interpreted to mean three (3) years from reaching the age of majority.