BAR MATTER No.

914

October 1, 1999

RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR OF VICENTE D. CHING.

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 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 COMELEC Tubao La Union. C. Certification that he served as Sangguniang Bayan member On April 5, 1999 Ching was included as one of the lucky passers of the Bar Exam 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. ISSUES: Whether or not Ching is a Filipino citizen Whether or not his election to Philippine citizenship is within the reasonable time prescribed by law

RULING: No. Since the applicant was born on 1964, the governing charter with regard 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. 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 years old. 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 DENIED Vicente D. Chings application for admission to the Philippine Bar.