Legal Profession – Admission to the Bar – Citizenship Requirement

In 1998, Vicente Ching finished his law degree at the Saint Louis University in Baguio City. He
eventually passed the bar but he was advised that he needs to show proof that he is a Filipino
citizen before he be allowed to take his oath. Apparently, Ching’s father was a Chinese citizen but
his mother was a Filipino citizen. His parents were married before he was born in 1963. Under the
1935 Constitution, a legitimate child, whose one parent is a foreigner, acquires the foreign
citizenship of the foreign parent. Ching maintained that he has always considered himself as a
Filipino; that he is a certified public accountant – a profession reserved for Filipinos; that he even
served as a councilor in a municipality in La Union.

The Solicitor-General commented on the case by saying that as a legitimate child of a Chinese and
a Filipino, Ching should have elected Filipino citizenship upon reaching the age of majority; that
under prevailing jurisprudence, “upon reaching the age of majority” is construed as within 7 years
after reaching the age of majority (in his case 21 years old because he was born in 1964 while the
1935 Constitution was in place).

Ching did elect Filipino citizenship but he only did so when he was preparing for the bar in 1998
or 14 years after reaching the age of majority. Nevertheless, the Solicitor-General recommended
that the rule be relaxed due to the special circumstance of Ching.

ISSUE:

Whether or not Ching should be allowed to take the lawyer’s oath.

HELD:

No. Unfortunately, he belatedly elected Filipino citizenship. The Supreme Court cannot agree with
the recommendation of the Solicitor-General. Fourteen years had lapsed and it’s way beyond the
allowable 7 year period. The Supreme Court even noted that the period is originally 3 years but it
was extended to 7 years. (It seems it can’t be extended any further). Ching’s special circumstances
can’t be considered. It is not enough that he considered all his life that he is a Filipino; that he is a
professional and a public officer (was) serving this country. The rules for citizenship are in place.
Further, Ching didn’t give any explanation why he belatedly chose to elect Filipino citizenship
(but I guess it’s simply because he never thought he’s Chinese not until he applied to take the bar).
The prescribed procedure in electing Philippine citizenship is certainly not a tedious and
painstaking process. All that is required of the elector is to execute an affidavit of election of
Philippine citizenship and, thereafter, file the same with the nearest civil registry. Ching’s
unreasonable and unexplained delay in making his election cannot be simply glossed over.