Documente Academic
Documente Profesional
Documente Cultură
e or executive acts, orders and regulations shall be valid only when they are no
t contrary to the laws or the Constitution. Therefore, Republic Act No. 9225 is
not valid and unconstitutional.
In Re: Application for Admission to the Philippine Bar, Vicente D. Ching, Vicent
e D. Ching, a legitimate child of a Filipino mother and an alien Chinese father,
was born on April 11, 1964 in Tubao La Union, under the 1935 Constitution. He h
as resided in the Philippines. He completed his Bachelor of Laws at SLU in Bagui
o on July 1998, filed an application to take the 1998 Bar Examination. After pas
sing the Bar examination he was not allowed to take oath because of his question
able status of Ching's citizenship, He was required to submit further proof of h
is citizenship. The court held that natural-born citizens are those who are citi
zens of the Philippines from birth without having to perform any act to acquire
or perfect their Philippine citizenship but the constitution gives an exception
that hose who elect Philippine citizenship in accordance with paragraph (3), Sec
tion 1 hereof shall be deemed natural-born citizens and the paragraph (3), Secti
on 1 provides that Those whose mothers are citizens of the Philippines and upon
reaching the age of majority, elect Philippine citizenship. the citizenship of a
legitimate child born of a Filipino mother and an alien father followed the cit
izenship of the father, unless, upon reaching the age of majority, the child ele
cted Philippine citizenship. In the case at bar, the constitution gives only one
instance where a person can be deemed natural-born citizen even the latter unde
rgo a process such as filing an Affidavit of Election of Philippine Citizenship
and taking his Oath of Allegiance.
This is the English translation of the explanation given by Delegate Roxas during
the deliberations. Jose M. Aruego, THE FRAMING OF THE PHILIPPINE CONSTITUTION, 1
949,Dual
Vol.Citizenship,
1, pp. 404-405.
Republic of the Philippines, available at http://losangelespcg.d
fa.gov.ph/2014-04-29-01-22-48
500ACT
559
700
G.R.
AN
SCRA
No.TO199113,
9209835,
696
367
ORDAIN
(2006)
(2008).
(2013).
2015.INSTITUTE
AND
(lastTHE
accessed
CIVIL CODE
MarchOF26,THE2016).
PHILIPPINES [Civil Code], Rep
ublic316ActSCRA
No.1386,
(1999).
art. 7(3) (1950).