ANTONIO Y. CO v.

ELECTORAL TRIBUNAL OF HOUSE OF

REPRESENTATIVES, GR Nos. 92191-92, 1991-07-30
Facts:
petitioners come to this Court asking for the setting aside and reversal of a decision of the
(HRET).
HRET declared that respondent Jose Ong, Jr. is a natural born Filipino citizen and a
resident of
Northern Samar
Northern Samar for voting purposes.
On
1987, the congressional election for the second district of Northern Samar was held.
Among the candidates who vied for the position of representative... are the petitioners, Sixto
Balinquit and Antonio Co and the private respondent, Jose Ong,... Jr.
Respondent Ong was proclaimed the duly elected representative of the second district of
Northern Samar.
petitioners filed election protests against the private respondent premised on the following
grounds:
1)      Jose Ong, Jr. is not a natural born citizen of the Philippines; and
2)      Jose Ong, Jr. is not a resident of the second district of Northern Samar
2)      Jose Ong, Jr. is not a resident of the second district of Northern Samar.
Issues:
whether or not, in making that determination, the HRET acted with grave abuse of
discretion.
ON THE ISSUE OF
ON THE ISSUE OF CITIZENSHIP
Ruling:
The records show that in the year 1895, the private respondent's grandfather, Ong Te,
arrived in the Philippines from China.
To expect the respondent to have formally or in writing elected citizenship when he came of
age is to ask for the unnatural and unnecessary.  The reason is obvious.  He was already a
citizen.  Not only was his mother a... natural born citizen but his father had been naturalized
when the respondent was only nine (9) years old.
The private respondent did more than merely exercise his right of suffrage.  He has
established his life here in the Philippines.
For those in the peculiar situation of the respondent who cannot be expected to have
elected citizenship as they were already citizens, we apply the In Re Mallare rule.
The filing of a sworn statement or formal declaration is a requirement for those who still
have to elect citizenship.  For those already Filipinos when the time to elect came up, there
are acts of deliberate choice which cannot be... less binding.  Entering a profession open
only to Filipinos, serving in public office where citizenship is a qualification, voting during
election time, running for public office, and other categorical acts of similar nature are
themselves formal manifestations... of choice for these persons.
An election of Philippine citizenship presupposes that the person electing is an alien.  Or his
status is doubtful because he is a national of two countries.  There is no doubt in this case
about Mr. Ong's being a Filipino when... he turned twenty-one (21).
We repeat that any election of Philippine citizenship on the part of the private respondent
would not only have been superfluous but it would also have resulted in an absurdity.  How
can a Filipino citizen elect Philippine citizenship?
The respondent HRET has an interesting view as to how Mr. Ong elected citizenship.  It
observed that "when protestee was only nine years of age, his father, Jose Ong Chuan
became a naturalized
Filipino.  Section 15 of the Revised Naturalization Act squarely applies its benefit to him for
he was then a minor residing in this country.  Concededly, it was the law itself that had...
already elected Philippine citizenship for protestee by declaring him as such."
Principles: