BAR MATTER NO.

914
Posted by kaye lee on 11:00 PM
Bar Matter No. 914, October 1, 1999
Re: Application for Admission to the Philippine Bar
vs.
Vicente D. Ching, petitioner

Facts:
Vicente D. Ching, a legitimate child of a Filipino mother and an alien Chinese father, was born on April
11, 1964 in Tubao La Union, under the 1935 Constitution. He has resided in the Philippines

He completed his Bachelor of Laws at SLU in Baguio on July 1998, filed an application to take the 1998
Bar Examination.
The Resolution in this Court, he was allowed to take the bar if he submit to the Court the following
documents as proof of his Philippine Citizenship:
1. Certification issued by the PRC Board of Accountancy that Ching is a certified accountant;
2. Voter Certification issued COMELEC in Tubao La Union showing that Ching is a registered voter of
his place; and
3. Certification showing that Ching was elected as member of the Sangguniang Bayan of Tubao, La
Union
On April 5, 1999, Ching was one of the bar passers. The oath taking ceremony was scheduled on May 5,
1999.
Because of his questionable status of Ching's citizenship, he was not allowed to take oath.
He was required to submit further proof of his citizenship.
The Office of the Solicitor General was required to file a comment on Ching's petition for admission to
the Philippine Bar.
In his report:
1. Ching, under the 1935 Constitution, was a Chinese citizen and continue to be so, unless upon reaching
the age of majority he elected Philippine citizenship, under the compliance with the provisions of
Commonwealth Act No. 265 "an act providing for the manner in which the option to elect Philippine
citizenship shall be declared by a person whose mother is a Filipino citizen"
2. He pointed out the Ching has not formally elected Philippine citizenship, and if ever he does, it would
already be beyond the "reasonable time" allowed by the present jurisprudence.

Issue:
Whether or not he has elected Philippine citizenship within "a reasonable time".

Rulings:
1. No. Ching, despite the special circumstances, failed to elect Philippine citizenship within a reasonable
time. The reasonable time means that the election should be made within 3 years from upon reaching the
age of majority", which is 21 years old. Instead, he elected Philippine citizenship 14 years after reaching
the age of majority which the court considered not within the reasonable time. Ching offered no reason
why he delayed his election of Philippine citizenship, as procedure in electing Philippine citizenship is not
a tedious and painstaking process. All that is required is an affidavit of election of Philippine citizenship
and file the same with the nearest civil registry.

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