Bar matter no. 914, 10/01/ 1999Re: application for admission to the bar Vs.Vicente d. Ching,applicant.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,chinghas resided in the philippines.on july 17, 1998,ching , after graduated of bachelor of laws course at st. Louisuniversity in baguio city,filed an application to take the 1998 bar exam.the supreme courtallowed him to take provided that he can produce proof of his philippine citizenship.incompliance 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 panlungsod member..on april 5, 1999 ching was included as one of the lucky passers of the bar exam andthe schedule of their oath taking was on may 5, 1999 but he was not allowed to take hisoath due the questionable citizenship issue.Issue: is ching a filipino citizen?is his election to philippine citizenship within the reasonable time prescribed bythe law?Ruling: no.since the applicant was born on 1964,the governing charter with regards tocitizenship issue is the 1935 constitution.therefore as what is provided by the saidconstitution,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,chingdid not elect his citizenship when he reach 21 years old but instead in 1999 which is 14years after reaching the age of majority which the court considered as not within thereasonable period of time considering the length of 14 years after he reaches 21 yearsold.in addition to that,the court said that philippine citizenship can never be treated likecommodity tha can be claimed when needed and supressed when convenient.in view of the foregoing,the court deny vicente d. Ching¶s application for admission to the philippine bar.