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    In Re Application For Admission To The Philippines Bar, Vicente Ching

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    jon_cpa
    Vicente D. Ching applied for admission to the Philippine Bar but his citizenship was questioned. He was born in 1964 to a Chinese father and Filipino mother. Under the 1935 Constitution, he had Chinese citizenship unless he elected Philippine citizenship by age 21. Ching did not elect Philippine citizenship until 1999, when he was 14 years past the age of 21. The Supreme Court denied his application, finding that 14 years was not a reasonable time to elect citizenship and citizenship cannot be claimed conveniently.

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    In Re Application For Admission To The Philippines Bar, Vicente Ching

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    jon_cpa
    2K views2 pages
    Vicente D. Ching applied for admission to the Philippine Bar but his citizenship was questioned. He was born in 1964 to a Chinese father and Filipino mother. Under the 1935 Constitution, he had Chinese citizenship unless he elected Philippine citizenship by age 21. Ching did not elect Philippine citizenship until 1999, when he was 14 years past the age of 21. The Supreme Court denied his application, finding that 14 years was not a reasonable time to elect citizenship and citizenship cannot be claimed conveniently.

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    in Re Application for Admission to the Philippines Bar, Vicente Ching

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    Vicente D. Ching applied for admission to the Philippine Bar but his citizenship was questioned. He was born in 1964 to a Chinese father and Filipino mother. Under the 1935 Constitution, he had Chinese citizenship unless he elected Philippine citizenship by age 21. Ching did not elect Philippine citizenship until 1999, when he was 14 years past the age of 21. The Supreme Court denied his application, finding that 14 years was not a reasonable time to elect citizenship and citizenship cannot be claimed conveniently.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views2 pages

    In Re Application For Admission To The Philippines Bar, Vicente Ching

    Uploaded by

    jon_cpa
    Vicente D. Ching applied for admission to the Philippine Bar but his citizenship was questioned. He was born in 1964 to a Chinese father and Filipino mother. Under the 1935 Constitution, he had Chinese citizenship unless he elected Philippine citizenship by age 21. Ching did not elect Philippine citizenship until 1999, when he was 14 years past the age of 21. The Supreme Court denied his application, finding that 14 years was not a reasonable time to elect citizenship and citizenship cannot be claimed conveniently.

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    Re: application for admission to the bar Vs.Vicente D. Ching, applicant.

    Bar matter no. 914, October 1, 1999


    Facts:
    Vicente D. Ching, a legitimate son of the spouses Tat Ching, a chinese citizen,
    and Priscila Dulay, a Filipina, was born in Tubao, La Union on April 11, 1964. Since
    birth, Ching has resided in the Philippines. On July 17, 1998, Ching, after graduated
    of Bachelor of Laws course at St. Louis University in Baguio City, 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. In
    compliance with said requirements, Ching submitted the following documents:
    A.) Certification from board of accountancy of the PRC showing that he is a
    certified public accountant.
    B.) Voter certification from COMELC Tubao La Union.
    C.) Certification that showing that Ching was elected as a member of the
    Sangguniang Bayan of Tubao, La Union.
    On April 5, 1999 Ching was included as one of the successful bar
    examinee and the schedule of their oath taking was on May 5, 1999 but he was not
    allowed to take his oath due the questionable citizenship issue. The OSG filed its
    comment stating that Ching, being the "legitimate child of a Chinese father and a
    Filipino mother born under the 1935 Constitution was a Chinese citizen and
    continued to be so, unless upon reaching the age of majority he elected Philippine
    citizenship.
    Issue:
    1. WON Ching is a filipino citizen?
    2. WON his election to Philippine citizenship within the reasonable time
    prescribed by the law?
    Ruling:
    1. No. Since the applicant was born on 1964, the governing charter with regards
    to citizenship issue is the 1935 constitution. Therefore as what is provided by
    the said constitution, which said that the citizenship of a legitimate child
    born of a Filipino mother with an alien father followed the citizenship of the
    father unless upon reaching the age of majority which is 21 years of
    age elected Philippine citizenship.
    2. In the case at bar, Ching did not elect his citizenship when he reach 21 years
    old but instead in 1999 which is 14 years after reaching the age of majority
    which the court considered as not within the reasonable period of time
    considering the length of 14 years after he reaches 21 year sold. In addition
    to that, the court said that Philippine citizenship can never be treated like
    commodity that can be claimed when needed and suppressed when
    convenient. In view of the foregoing, the court denies Vicente D. Chings
    application for admission to the Philippine bar.
    The Supreme Court Resolves to DENY Vicente D. Ching's application for
    admission to the Philippine Bar.

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