IN RE: CHING

316 SCRA 1 (1999)

Topic: Election of Philippine Citizenship

FACTS: Vicente Ching finished his law degree at the Saint Louis University in Baguio City on July
17, 1998. Vicente Ching is legitimate son of the spouses Tat Ching, a Chinese Citizen, and
Prescila Dulay, a Filipino, was born in Francia West, Tubao, La Union on April 11, 1964. After he
finished his law degree he filed an application to take the 1998 Bar Examinations. In a
resolution of this Court, he was allowed to take the Bar in a condition that he must submit to
the Court proof of his Philippine Citizenship. He eventually passed the bar but he was advised
that he needs to show proof that he is a Filipino citizen before he be allowed to take his oath.
Apparently, Chings father was a Chinese citizen but his mother was a Filipino citizen. His
parents were married before he was born in 1963. Under the 1935 Constitution, a legitimate
child, whose one parent is a foreigner, acquires the foreign citizenship of the foreign parent.
Ching maintained that he has always considered himself as a Filipino; that he is a certified
public accountant a profession reserved for Filipinos; that he even served as a councilor in a
municipality in La Union. The Solicitor-General commented on the case by saying that as a
legitimate child of a Chinese and a Filipino, Ching should have elected Filipino citizenship upon
reaching the age of majority; that under prevailing jurisprudence, upon reaching the age of
majority is construed as within 7 years after reaching the age of majority (in his case 21 years
old because he was born in 1964 while the 1935 Constitution was in place). Ching did elect
Filipino citizenship but he only did so when he was preparing for the bar in 1998 or 14 years
after reaching the age of majority.

ISSUE: Whether a legitimate child born under the 1935 Constitution of a Filipino mother and an
alien validly elect Philippine citizenship 14 years after he reached the age of majority?

RULING: Ching validly failed to elect Philippine Citizenship.

1. When Ching was born in 1964, the governing charter was the 1935 Constitution. Under
Article IV, Sec 1 (3) of the 1935 Constitution, the citizenship of a legitimate child born of a
Filipino mother and an alien father followed the citizenship of the father, unless, upon reaching
the age of majority, the child elected the Philippine citizenship. ( Ching has inchoate Philippine
citizenship which he could perfect by election upon reaching the age of majority.) CA No. 625
prescribes the procedure that should be followed in order to make a valid election.
 2. However, the 1935 Constitution and CA No. 625 did not prescribe a time period within which
the election of Philippine citizenship should be made. Jurisprudence dictates that this must be
done within a reasonable time after attaining the age of majority. In the case of Cuenco Vs.
Secretary of Justice it was rule that 3 years is the reasonable time to elect Philippine citizenship
under the constitutional provision, which period may be extended under certain circumstances,
as when the person concerned has alaways considered himself a Filipino. In this case Cuenco
was allowed to elect 7 years after attaining the age of majority.

3. The span of 14 years that lapsed from the time he reached the age of majority until he finally
expressed his intention to elect Philippine citizenship is clearly way beyond the contemplation
of the requirement of electing upon reaching the age of majority. Moreover, Ching has
offered no reason why he delayed his election of Philippine citizenship.

4. 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. Chings
unreasonable and unexplained delay in making his election cannot be simply glossed over.

5. Philippine citizenship can never be treated like a commodity that can be claimed when
needed and suppressed when convenient. One who is privileged to elect Philippine citizenship
has only an inchoate right to such citizenship. As such, he should avail the right with fervor,
enthusiasm and promptitude. Sadly in this case, Ching has slept his opportunity to elect
Philippine citizenship and, as a result, this golden privilege slipped away from his grasped.