CD 6 Ching, Bar Matter

EN BANC BAR MATTER No. 914 October 1, 1999 RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR vs. VICENTE D. CHING, applicant. FACTS: April 1964: Vicente D Ching born as the legitima te son of sps Tat Ching, Chinese citizen, and Prescila Dulay, Filipina, in La Union. Since birth, Ching has resided in the Phils July 1998: Ching, after graduating from St. Louis University in Baguio City, filed an application to take the ’98 Bar Examinations. Sept 1998: Court allowed Ching to take the exams provided he must submit proof of his Phil citizenship Nov 1998: Ching submitt ed certification that he is CPA, Voter Cert from COMELEC, and Cert as a member of the Sangguniang Bayan of Tubao, La Union also from COMELEC. April 1999: results of Bar Exams were release d and Ching passed. He was further required to submit more proof of citizenship. July 1999: Ching filed Manifestation w/ Affidavit of Election of Phil Citizenship and his Oath of Allegiance. OSG commented that Ching being the “legitimate child of a Chinese father and a Filipino mother and born under the 1935 Consti was a Chinese citizen and continued to be so, unless upon reaching the age of majority he elected Phil citizenship. If Ching formally elects Phil citizenship, it would already be beyond the reasonable time allowed by present jurisprudence. Two conditions of an effective election of Phil citizenship (from OSG): 1 st – the mother of the person making the election must be a Phil citizen 2 nd – election must be made upon reaching the age of majority (w/c means a reasonable time interpreted by the Sec of Justice as 3 yrs, from the Velayo case, and may be extended up to 7 yrs, from the Cuenco case ISSUES: 1) WON Ching has elected Phil citizenship w/in a reasonable time 2) If affirmative, WON his citizenship has retroacted to the time he took the bar. HELD: Court denies Vicente D Ching’s application for admission to the Philippine Bar (ouch!) RATIO: 1& 2) No, Ching’s election was clearly beyond, by any reasonable yardstick, the allowable pd w/in which to exercise the privilege. Being born in April 1964, he was already 35 yrs old when he complied w/ the requirements of C.A. No 625 in

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CD 6 Ching, Bar Matter