FPJ CITIZENSHIP CASE DIGEST..

FACTS
Petitioners sought to disqualify FPJ as candidate for president by assailing his citizenship as a
natural born Filipino.... FPJ is the illegitimate son of Allan Poe and Bessie Kelly... Lorenzo Poe
born in 1870 was the father of Allan Poe who died on 1954 in Pangasinan... Bessie Kelly was
American....
Petitoters claim that an illegitimate child follows the citizenship of the mother...
Issue
Whether or Not FPJ is a natural born Filipino
Held
The term "natural-born citizens," is defined to include "those who are citizens of the Philippines
from birth without having to perform any act to acquire or perfect their Philippine citizenship."
The Treaty of Paris was entered into on 10 December 1898 between Spain and the United States.
Under Article IX of the treaty, the civil rights and political status of the native inhabitants of the
territories ceded to the United States would be determined by its Congress - meaning all people
within or chooses to stay in the territory shall relinquish their Spanish Citizenship unless they
otherwise provide thru records in court..
Then came the Philippine Bill of 1902 or the Philippine Organic Act of 1902 Under the organic
act, a "citizen of the Philippines" was one who was an inhabitant living in the Philippines, and a
Spanish subject on the 11th day of April 1899. The term "inhabitant" was taken to include 1) a
native-born inhabitant, 2) an inhabitant who was a native of Peninsular Spain, and 3) an
inhabitant who obtained Spanish papers on or before 11 April 1899 unless Spanish inhabitant
chooses to preserve their allegiance with Spain via the treaty of Paris....
In 1916 Under the Jones Law, a native-born inhabitant of the Philippines was deemed to be a
citizen of the Philippines as of 11 April 1899 if he was 1) a subject of Spain on 11 April 1899, 2)
residing in the Philippines on said date, and, 3) since that date, not a citizen of some other
country. This meant to clarify who are Filipino Citizens...
On 1935 a new constitution was promulgated
"Section 1, Article III, 1935 Constitution. The following are citizens of the Philippines -
"(1) Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution
"(2) Those born in the Philippines Islands of foreign parents who, before the adoption of this
Constitution, had been elected to public office in the Philippine Islands.
"(3) Those whose fathers are citizens of the Philippines.
"(4) Those whose mothers are citizens of the Philippines and upon reaching the age of majority,
elect Philippine citizenship.
Again in 1973
"Section 1, Article III, 1973 Constitution - The following are citizens of the Philippines:
"(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.
"(2) Those whose fathers or mothers are citizens of the Philippines.
"(3) Those who elect Philippine citizenship pursuant to the provisions of the Constitution of
nineteen hundred and thirty-five.
"(4) Those who are naturalized in accordance with law."
For good measure, Section 2 of the same article also further provided that
"A female citizen of the Philippines who marries an alien retains her Philippine citizenship,
unless by her act or omission she is deemed, under the law to have renounced her citizenship."
The 1987 Constitution generally adopted the provisions
Section I, Article IV, 1987 Constitution now provides:
"The following are citizens of the Philippines:
"(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution.
"(2) Those whose fathers or mothers are citizens of the Philippines.
"(3) Those born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
"(4) Those who are naturalized in accordance with law."
On the case of FPJ his grandfather Lorenzo Poe was clearly a Filipino Citizen as based on the
Phil Bill of 1902 all Spanish inhabitants who did not choose to maintain their allegiance with the
Spanish Crown as provided by the treaty of Paris shall be considered Filipino Citizens as No
proof can be shown that Lorenzo who died at Pangasinan chose to maintain his allegiance to the
Spanish crown...
Allan Poe is also Filipino inheriting the citizenship of his father Lorenzo...
Bessie Kelly was American
FPJ Born on 1939 being an illegitimate child as he was born 1 year before the marriage of his
parents shall be covered by the text of the 1935 constitution...
The contention of the petitioners that an illegitimate child will follow the citizenship of the
mother is incorrect... The paternity being clear were Allan Poe a Filipino Citizen acknowledge
FPJ as his son by living with him and his mother as a family hence the words of the 1935
constitution clearly provides that those whose fathers are Filipino are also Filipino Citizens...
The Supreme Court provides that if paternity is clear the child even if illegitimate shall follow
the citizenship of the father... An illegitimate child will only follow the citizenship of the mother
if the father did not acknowledge the child as his own or if the identity of the father is unknown...
Therefore FPJ via the 1935 constitution is a natural born citizen of the Philippines
VICENTE CHING CASE DIGEST
FACTS
Vicente Ching born 1964 to a Chinese father and a Filipino Mother... A CPA, registered voter,
and was an elected public official... He also took and passed the 1999 bar examinations but was
denied to take the lawyers oath because his citizenship was in question... The OSG was asked to
comment and said Ching who 14 years after him reaching the age of majority elected Filipino
citizenship was outside the reasonable time period allowed which is 3 years and as jurisprudence
showed in Cuenca can extend to 7 years... The OSG however seeker leniency for Ching because
of his actions up to this point... Ching also cited the case of Mallare where the exercise of the
right of suffrage constitutes a positive act of electing Filipino Citizenship..
Issue
Whether or Not Ching can elect Filipino Citizenship 14 years after the age of Majority

Held
The 1935 constitution provides that those whose mothers are Filipino citizens shall upon
reaching the age of majority shall elect Filipino Citizenship..
The Supreme Court decided that Ching could not invoke the Mallare ruling because suffrage
being a positive act of election of citizenship is merely an Obiter Dictum and also that the facts
of the Mallare case is different from that of Ching.. Mallare was already considered as a Filipino
Citizen and does not require election because he was under the Phil Bill of 1902 and not the 1935
constitution...
Although the courts sympathizes with Ching 14 years is deemed to long and is considered not a
reasonable time for electing Filipino Citizenship....
Moreover, Ching has offered no reason why he delayed his election of Philippine citizenship.
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.
Philippine citizenship can never be treated like a commodity that can be claimed when needed
and suppressed when convenient. 20 One who is privileged to elect Philippine citizenship has
only an inchoate right to such citizenship. As such, he should avail of the right with fervor,
enthusiasm and promptitude. Sadly, in this case, Ching slept on his opportunity to elect
Philippine citizenship and, as a result. this golden privilege slipped away from his grasp.
DUAL CITIZENSHIP DIFFERENTIATED FROM DUAL ALLEGIANCE
To begin with, dual citizenship is different from dual allegiance. The former arises when, as a
result of the concurrent application of the different laws of two or more states, a person is
simultaneously considered a national by the said states. 9 For instance, such a situation may arise
when a person whose parents are citizens of a state which adheres to the principle of jus
sanguinis is born in a state which follows the doctrine of jus soli. Such a person, ipso facto and
without any voluntary act on his part, is concurrently considered a citizen of both states.
Considering the citizenship clause (Art. IV) of our Constitution, it is possible for the following
classes of citizens of the Philippines to possess dual citizenship:
(1) Those born of Filipino fathers and/or mothers in foreign countries which follow the principle
of jus soli;
(2) Those born in the Philippines of Filipino mothers and alien fathers if by the laws of their
father's' country such children are citizens of that country;
(3) Those who marry aliens if by the laws of the latter's country the former are considered
citizens, unless by their act or omission they are deemed to have renounced Philippine
citizenship.
There may be other situations in which a citizen of the Philippines may, without performing any
act, be also a citizen of another state; but the above cases are clearly possible given the
constitutional provisions on citizenship.
Dual allegiance, on the other hand, refers to the situation in which a person simultaneously owes,
by some positive act, loyalty to two or more states. While dual citizenship is involuntary, dual
allegiance is the result of an individual's volition.
With respect to dual allegiance, Article IV, 5 of the Constitution provides: "Dual allegiance of
citizens is inimical to the national interest and shall be dealt with by law." This provision was
included in the 1987 Constitution.

MERCADO VS. MANZANO

FACTS:
E. Manzano was born in the U.S. in Sept. 14, 1955, of a Filipino Father and Filipino Mother

ISSUES:
WON Edu Manzano posses DUAL CITIZENSHIP
WON Mr. Manzano elected Filipino Citizenship

HELD:
1. YES, Edu Manzano has dual citizenship.
Although he was an American citizen because he was born in the U.S. (jus soli) he was also a
Filipino citizen under the 1932 Constitution:
"Section 1, Article III, 1935 Constitution. The following are citizens of the Philippines -
(3) Those whose fathers are citizens of the Philippines.
(4) Those whose mothers are citizens of the Philippines and upon reaching the age of majority,
elect Philippine citizenship.
(please focus on section 3)
In such cases, that a person who has a dual citizenship, is given an opportunity to elect a
citizenship upon reaching the age of 21 between the 2 citizenship that they have. The rule here is
that a persons dual citizenship was imposed on him beyond his control. So once they reach the
age of majority they are allowed to elect a single citizenship of their choosing.

2. YES, Edu Manzano elected Filipino Citizenship.
Mr. Manzano did not formally elect his Fil. Citizenship, but he did it IMPLIEDLY through his
action when he had himself registered as a voter in the Phil. and participated in the elections after
that. That act also terminated his American Citizenship. It was this action that was considered
that although he had passed the age of 21, his election was considered to be valid. Edu Manzano
impliedly elected filipino citizenship when he filed his certificate of candidacy.. mere registration
as voter of another country does not extinguished US citizenship as decided by the US Supreme
Court in Afroyim vs Rusk.... The fact is that Manzano's Filipino Citizenship was not the one
being assailed; it is his dual citizenship that is in question and bars him from running for public
office.. however reasonable time does not have to pass for him to elect filipino citizenship
because he is already a Filipino Citizen by jus sanguinis all that he needs to do is relinquish his
US citizenship which he did by filing his certificate of candidacy