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    Bar Matter 914 Digested Case

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    Samm Lauren
    Vicente Ching, born in 1964 to a Filipino mother and Chinese father, applied to take the Philippine Bar Exam. Although he passed the exam, he was not allowed to take his oath because his citizenship was questionable. The Solicitor General argued that as the son of a Chinese father under the 1935 Constitution, Ching was a Chinese citizen and had not formally elected Philippine citizenship by the time he reached the age of majority. The Court ruled that Ching failed to elect Philippine citizenship within a reasonable time, which was considered to be within 3 years of reaching the age of majority at age 21. As Ching delayed his election for 14 years, he was not allowed to be admitted to the Philippine Bar.

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    Bar Matter 914 Digested Case

    Uploaded by

    Samm Lauren
    31 views2 pages
    Vicente Ching, born in 1964 to a Filipino mother and Chinese father, applied to take the Philippine Bar Exam. Although he passed the exam, he was not allowed to take his oath because his citizenship was questionable. The Solicitor General argued that as the son of a Chinese father under the 1935 Constitution, Ching was a Chinese citizen and had not formally elected Philippine citizenship by the time he reached the age of majority. The Court ruled that Ching failed to elect Philippine citizenship within a reasonable time, which was considered to be within 3 years of reaching the age of majority at age 21. As Ching delayed his election for 14 years, he was not allowed to be admitted to the Philippine Bar.

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    Vicente Ching, born in 1964 to a Filipino mother and Chinese father, applied to take the Philippine Bar Exam. Although he passed the exam, he was not allowed to take his oath because his citizenship was questionable. The Solicitor General argued that as the son of a Chinese father under the 1935 Constitution, Ching was a Chinese citizen and had not formally elected Philippine citizenship by the time he reached the age of majority. The Court ruled that Ching failed to elect Philippine citizenship within a reasonable time, which was considered to be within 3 years of reaching the age of majority at age 21. As Ching delayed his election for 14 years, he was not allowed to be admitted to the Philippine Bar.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views2 pages

    Bar Matter 914 Digested Case

    Uploaded by

    Samm Lauren
    Vicente Ching, born in 1964 to a Filipino mother and Chinese father, applied to take the Philippine Bar Exam. Although he passed the exam, he was not allowed to take his oath because his citizenship was questionable. The Solicitor General argued that as the son of a Chinese father under the 1935 Constitution, Ching was a Chinese citizen and had not formally elected Philippine citizenship by the time he reached the age of majority. The Court ruled that Ching failed to elect Philippine citizenship within a reasonable time, which was considered to be within 3 years of reaching the age of majority at age 21. As Ching delayed his election for 14 years, he was not allowed to be admitted to the Philippine Bar.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Bar Matter No.

    914, October 1, 1999

    Re: Application for Admission to the Philippine Bar

    vs.

    Vicente D. Ching, petitioner

    Facts:

    Vicente 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 has resided in the Philippines

    He completed his Bachelor of Laws at SLU in Baguio on July 1998, filed an application to take the 1998
    Bar Examination.

    The Resolution in this Court, he was allowed to take the bar if he submit to the Court the following
    documents as proof of his Philippine Citizenship:

    1. Certification issued by the PRC Board of Accountancy that Ching is a certified accountant;

    2. Voter Certification issued COMELEC in Tubao La Union showing that Ching is a registered voter of his
    place; and

    3. Certification showing that Ching was elected as member of the Sangguniang Bayan of Tubao, La
    Union

    On April 5, 1999, Ching was one of the bar passers. The oath taking ceremony was scheduled on May 5,
    1999.

    Because of his questionable status of Ching's citizenship, he was not allowed to take oath.

    He was required to submit further proof of his citizenship.

    The Office of the Solicitor General was required to file a comment on Ching's petition for admission to
    the Philippine Bar.

    In his report:

    1. Ching, under the 1935 Constitution, was a Chinese citizen and continue to be so, unless upon reaching
    the age of majority he elected Philippine citizenship, under the compliance with the provisions of
    Commonwealth Act No. 265 "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"

    2. He pointed out the Ching has not formally elected Philippine citizenship, and if ever he does, it would
    already be beyond the "reasonable time" allowed by the present jurisprudence.
    Issue:

    Whether or not he has elected Philippine citizenship within "a reasonable time".

    Rulings:

    1. No. Ching, despite the special circumstances, failed to elect Philippine citizenship within a reasonable
    time. The reasonable time means that the election should be made within 3 years from "upon reaching
    the age of majority", which is 21 years old. Instead, he elected Philippine citizenship 14 years after
    reaching the age of majority which the court considered not within the reasonable time. Ching offered
    no reason why he delayed his election of Philippine citizenship, as procedure in electing Philippine
    citizenship is not a tedious and painstaking process. All that is required is an affidavit of election of
    Philippine citizenship and file the same with the nearest civil registry.

    Categories: Constitutional Law 1

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