IN RE: FLORENCIO MALLARE | 1978

FACTS

 In the 1968 case of the same title, SC held that Florencio Mallare was a Chinese citizen and
ordered his disbarment.
 1969. Mallare petitioned the Court for the reopening of the case and for new trial on the ground
of the following newly discovered evidence:
(1) An entry in the registry of baptism of the Immaculate Concepcion Church at
Macalelon, Quezon, purporting to show that Estaben Mallare (Florencio's father) is
the natural son of Ana Mallare, a Filipino; and
(2) Testimonies of certain persons who had a known Esteban Mallare and his mother
during their lifetime.
 SC set aside the 1968 ruling. New trial took place before the Court's Investigating Officer,
wherein the parties adduced all additional evidences. The proofs taken at the original
investigation (refer to the 1968 digest) were not retaken, but considered as part of the evidence
in the new trial.

EVIDENCE PRESENTED BY THE COMMISSIONER OF IMMIGRATION TO PROVE FLORENCIO’S CHINESE

CITIZENSHIP

(1) Opinions No. 90 and No.166 of the Secretary of Justice to the effect that respondent and his
brothers and sisters had failed to establish their claim to Philippine citizenship;
(2) Death certificate of Esteban Mallare, wherein he was reported to be of Chinese nationality;
(3) Birth certificates of Florencio and his siblings, stating that their father was a Chinese citizen,
born in Amoy, China, and wherein Florencio was reported to be a Chinese, born in Macalelon,
Quezon;
(4) Florencio’s alien certificate of registration (ACR).

EVIDENCE PRESENTED BY FLORENCIO TO PROVE HIS FILIPINO CITIZENSHIP

I. Documentary Evidence
(1) Decision of the RTC Quezon in a Civil Case, upholding the validity of a contract of sale, the
vendees therein (including Florencio) being citizens of the Philippines;
(2) Order by the Acting Commissioner of Immigration, cancelling respondent's alien certificate
of registration on the strength of the court's decision in the aforesaid Civil Case;
(3) Identification certificate No. 11712 issued by the Bureau of Immigration, declaring
respondent "as a citizen of the Philippines by birth being the legitimate son of Esteban
Mallare, a Filipino citizen as 'per order of this office;”
(4) Final order of the RTC Quezon in a Special Proceedings, ordering the Municipal Treasurer of
Macalelon, Quezon, to correct the entry in the Registry of Birth book of the municipality by
changing respondent's nationality from "Chinese" to "Filipino";
 (5) Florencio's affidavit showing him to be a registered voter of Macalelon, Quezon;
(6) Florencio’s passport showing that he is a citizen of the Philippines;
(7) Opinion of the Solicitor General, recognizing Florencio as a Filipino citizen;
(8) Landing certificate of Te Na (Florencio's mother), wherein she was certified as "wife of
Philippine Islands citizen";
(9) Certification by the municipal treasurer of Macalelon, Quezon that Esteban Mallare,
Florencio’s father, was registered in the Registry List of Voters; and
(10) Entry in the baptismal registry of the Immaculate Concepcion Church at Macalelon, Quezon,
purporting to show that Esteban Mallare, Florencio’s father, was the natural child of Ana
Mallare, a Filipina.

II. Testimonial Evidence

(1) Damiana Cabangon, 80 — declared that she was with her mother, the "hilot" who attended
to Ana Mallare during her delivery, when Esteban Mallare was born; that she was present
when Esteban was baptized; that Ana Mallare had lived continuously in Macalelon and was
reputed to be unmarried; that she had never met (seen) Esteban's father, a certain Mr. Dy.
(2) Rafael Catarroja, 77 – former mayor of Macalelon who declared that he knew Esteban
Mallare even as a child; that Esteban was then living with his mother, Ana Mallare, a Tagala,
who was cohabiting with a Chinese; that Esteban started voting in 1934, and became one of
his (Catarroja's) campaign leaders when he ran for the mayorship.
(3) Salomon Gimenez, 75 - former mayor of Macalelon, who declared having known Esteban
Mallare; that in the elections of 1925, when Esteban campaigned for a rival candidate
against him, he (Gimenez) wanted to seek for Esteban's disqualification; that he sought the
counsel of Judge Gaudencio Eleazar (a relative of Gimenez), who advised him that a
disqualification move would not prosper because Esteban's mother was not married to
Esteban's Chinese father; that as of 1940, when witness was municipal mayor, there were
only about 3,000 residents in Macalelon.
(4) Joaquin Enobal, 69 – declared that he was a classmate and playmate of Esteban Mallare,
whose house was only about five houses away from theirs; that he had not seen the
husband of Ana Mallare; that Ana was a Tagalog who had lived in Macalelon. 

ISSUE: W/N Florencio is a Filipino citizen.

HELD: YES. With the additional evidence submitted, the void in the proof of Florencio's citizenship has
been duly filled.

 The witnesses, all natives of Macalelon, who had personal knowledge of the person, birth and
residency of both Ana Mallare and her son Esteban, were one in their declaration that Ana
Mallare is a Tagalog who had continuously resided in the place, and that Esteban, her son, was
reputedly born out of wedlock. Such declarations constitute admissible evidence of the birth
and illegitimacy of Esteban Mallare.
 Reputation has been held admissible as evidence of age, birth, race, or race-ancestry, and on
the question of whether a child was born alive. Unlike that of matters of pedigree, general
 reputation of marriage may proceed from persons who are not members of the family — the
reason for the distinction is the public interest that is taken in the question of the existence of
marital relations. The principle could not have been more true than in a Philippine rural
community where relationships not in conformity with established contentions become the
subject of criticisms and public cynosure.
 Besides, if Estaban were really born out of legal union, it is highly improbable that he would be
keeping the surname "Mallare" after his mother, instead of adopting that of his father. And it
would be straining the imagination to perceive that this situation was purposedly sought by
Esteban's parents to suit some ulterior motives. In 1903, we cannot concede that alien
inhabitants of his country were that sophisticated or legally-oriented.
 The assertion of the witnesses that Ana Mallare is a Tagalog (and, therefore, a Filipino citizen)
cannot be assailed as being mere conclusions devoid of evidentiary value. The declarations were
not only based on the reputation in the community regarding her race or race-ancestry, which is
admissible in evidence, but they must have certain factual basis. For it must be realized that in
this Philippine society, every region possesses certain characteristics all its own. Thus, a Tagalog
would normally detect if a person hails from the same region even from the way the latter
speaks. Considering that the witnesses testified having known, and lived with, Ana Mallare in
Macalelon, their declaration that she is a Tagalog should receive a high degree of credibility.
 Esteban Mallare, natural child of Ana Mallare, a Filipina, is therefore himself a Filipino, and no
other act would be necessary to confer on him all the rights and privileges attached to
Philippine citizenship. Neither could any act taken on the erroneous belief that he is a non-
Filipino divest him of the citizenship privileges to which he is rightfully entitled. 
 Even assuming arguendo  that Ana Mallare were legally married to an alien, Esteban's exercise
of the right of suffrage when he came of age, constitutes a positive act of election of
Philippine citizenship. It has been established that Esteban Mallare was a registered voter and
that upon reaching 22 he was already participating in the elections and campaigning for certain
candidates. These acts are sufficient to show his preference for Philippine citizenship. Indeed, it
would be unfair to expect the presentation of a formal deed to that effect considering that prior
to the enactment of Commonwealth Act 625, no particular proceeding was required to exercise
the option to elect Philippine citizenship.
 It is true that in the death certificate of Esteban Mallare he was referred to as a Chinese
national, and in the birth certificates of Florencio and his siblings, they were declared to be of
Chinese nationality. Respondent likewise appeared to have applied for alien registration. While
said documents are public and the entries therein are, consequently, presumed to be correct,
such presumption is merely disputable and will have to yield to more positive evidence
establishing their inaccuracy.
 Artemio Mallare, Esteban's eldest son who supposedly supplied the data appearing in the death
certificate, denied having any hand in the funeral arrangements and the preparation of the said
death certification of his father. He declared that he was merely 16 years old when his father
died, and he came to know of it only when he was brought to the funeral parlor on the following
day. 
 The entries in the birth certificates, on the other hand, appeared to have been prepared upon
information given by the nurse or midwife who attended to Florencio's mother during her
deliveries and who would have no knowledge of the actual fact of the place of birth and the
citizenship of Esteban, the father. No proof has been presented to show that it was Esteban
Mallare who personally gave the information that the child's and parents' nationality is Chinese.
And any error on his part can not affect respondent Florencio Mallare.
 Registration of Florencio as a citizen of China was secured by Florencio's mother, on the belief
that upon the death of her husband, Esteban Mallare, she and her children reverted to Chinese
citizenship. At any rate, even assuming that said documents were prepared with actual
knowledge and consent by Florencio or by his parents, on the erroneous belief that Esteban was
a non-Filipino, such acts would not cause the loss or forfeiture of Philippine citizenship which
Esteban acquired from his Filipino mother.
 Complainant places much emphasis on the convicting testimonies of the expert witnesses on
the entry in the baptismal registry of the Immaculate Concepcion church. The discrepancy in the
testimonies of said witnesses, however, loses significance in the face of the finding, based on
other evidence that Esteban Mallare is the natural child of Ana Mallare, born to her in 1903 at
Macalelon, Quezon.