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.
Case Digest Basic Legal Ethics Subject RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR, vs. VICENTE D. CHING, Applicant (BAR MATTER No. 914, 01 October 1999)
Estate of Jacqueline E. Shelton, Deceased, Donald C. Little and Johnnie Mohon, Co-Executors v. Commissioner of Internal Revenue, 612 F.2d 1276, 10th Cir. (1980)