People vs Marcaida.docx

Petitioners:

Respondents:

G.R. No: SCRA Location:

Date:

Facts:

Issue:

Whether or not there was enough proof that Pedro Marcaida is a Filipino citizen.

Ruling:

According to the Supreme Court, the accused’s name and surname may be Filipino, Spanish or South American. There is no proof who was resident of the Philippines and Spanish subdito on April 11, 1899. If he was resident and was not Spanish subdito could not acquire Filipino citizenship because continuaria still foreign.

If it was Spanish subdito and brewed in the Philippines on April 11, 1899, automatically became a filipino citizen unless you have chosen to retain the Spanish citizenship; but as there is no evidence in this regard, the presuncion which is filipino.

If born after April 11, 1899, of parents who were Spanish subjects follow the nationality of those: Spanish, if their parents have sought to retain their loyalty to the Crown of Spain, and filipino, if they chose to lose it. There is no evidence presented in one way or another: can then be Spanish or filipino.

If born after April 11, 1899 of Filipino parents is Filipino.

It may happen that he was descendant of a South American that has been established in the province of Quezon, after the signing of the Treaty of Paris; If her father did not want to benefit from the provisions of the Naturalization Act, then the accused is a foreigner: is the nationality of his father.

If it is a descendant of a Spanish citizen that has started to reside in the Philippines after the Treaty of Paris, continuaria be Spanish unless it has naturalized. Nor is there evidence in this regard; then it is Spanish, foreign.

Khristine TiuChoose a Subject