Monday, January 23, 2012

1. Eddie Cruzano admitted that he is registered as a foreigner with the Bureau of Immigration under Alien Certificate of Registration No. B-31632 . He was born in 1955 of a Filipino father and a Filipino mother. He was born in the United States, San Francisco, California, on September 14, 1955. When he attained the age of majority, he registered himself as a voter, and voted in the elections of 1992, 1995 and 1998,He ran for mayor in Makati and won. Under Section 40(d) of the Local Government Code, those holding dual citizenship are disqualified from running for any elective local position.

The question presented is whether under our laws, he is disqualified from the position for which he filed his certificate of candidacy. Is he eligible for the office he seeks to be elected?

2. Distinguish dual allegiance from dual citizenship.

3. Jose Benito is a person with dual citizenship: Australian and Filipino. In the May 1987 elections, he filed his certificate of candidacy. He lost in said election. He is again planning to run for the same office as governor in his home province this May 2007 elections. Is he qualified to run for said office? Would your answer be the same, if he took his oath of allegiance in Australia in 1986?

4. UNDER Philippine Law, how can a Filipino citizen (who lost his Filipino citizenship) reacquire his Filipino citizenship?

5. Pursuant to PD 725, how can women and natural born Filipinos (who lost their Filipino citizenship) reacquire their citizenship?

6. Rosa was born on May 16, 1934 in Napier Terrace, Broome, Western Australia, to the spouses, Isidoro Vasquez, a Filipino citizen and native of Daet, Camarines Norte, and Therese Marse, an Australian. She applied and was granted an Alien Certificate of Registration (ACR) and Immigrant Certificate of Residence (ICR), on September 19, 1988, and the issuance to her of an Australian passport on March 3, 1988.

(1)Under said data, would you consider Rosa a Filipino, and hence qualified to run for public office?

(2)What law governs her citizenship?

(3)What about her act of applying for an ACR and Australian passport, could these not be considered as renunciation of Filipino citizenship? Explain.

7. IN particular what did the Jones Law provide importantly about Filipino citizenship?

8. UNDER COMMONWEALTH ACT NO. 63, STATE AT LEAST FOUR WAYS BY WHICH A FILIPINO MAY LOSE HIS CITIZENSHIP?.

9. The general rule is that the principle of res judicata generally does not apply in cases hinging on the issue of citizenship. However, in the case of Burca vs. Republic, an exception to this general rule was recognized. What is the exception?

10. A)Can a legitimate child born under the 1935 Constitution of a Filipino mother and an alien father validly elect Philippine citizenship fourteen (14) years after he has reached the age of majority?

B) If the election was made 3 years after reaching the age of majority, would your answer be still the same?

C) Under the 1935 constitution, is there really a period of time with which a Filipino has to elect his citizenship?

11. Who are the Filipino citizens prior to the 1935 constitution?

12. Respondent Cruz was a natural-born citizen of the Philippines. He was born in San Clemente, Tarlac, on April 27, 1960, of Filipino parents. On November 5, 1985, however, respondent Cruz enlisted in the United States Marine Corps and, without the consent of the Republic of the Philippines, took an oath of allegiance to the United States. On March 17, 1994, respondent Cruz reacquired his Philippine citizenship through repatriation under Republic Act No. 2630.[1][3] He ran for and was elected as the Representative of the Second District of Pangasinan in the May 11, 1998 elections. He won by a convincing margin of 26,671 votes over Antonio Balaba who was then running for reelection. Subsequently, petitioner filed a case for Quo Warranto Ad Cautelam with respondent House of Representatives Electoral Tribunal (HRET) claiming that respondent Cruz was not qualified to become a member of the House of Representatives since he is not a natural-born citizen as required under Article VI, Section 6 of the Constitution.[1][4]

Decide on the issue whether he should be ousted as representative.

13. Juan Gomez was born on Aug. 20, 1939, to a father Luis Gomez (born on May 15, 1915) and to a mother Nancy Jones(an American), who was not married to Luis. Luis Gomez was married to Maria Co (Chinese) on July 5, 1940. It appears on record that the father of Luis Gomez is Ramon Gomez who died in Cebu on September 11, 1954. There is no record of birth of Ramon, who married Marinita Legaspi in Manila on May 6, 1913.Both Ramon and Maninita are Spaniards who resided in the Philippines in 1873.The record shows that Ramon & Marinita declared themselves as Spanish subject in 1898.

Juan Gomez comes to consult you, whether he is qualified to run as senator for this May 2007 electtions as he doubts whether he is a Filipino citizen or not. What would be your advice to him concerning his citizenship question.

14. Please look at the petition filed below:

“FIRST. - His full name is Roy Bastillada Rosales. Copy of his latest picture is hereto attached and made an integral part of this petition.

“SECOND. - His present place of residence is #69 New York St., Provident Village, Marikina, Metro Manila and his former residence was in Las Vegas, U.S.

“THIRD. - His trade or profession is in buy and sell and managing the properties of his parents which he has been engaged since his arrival here in the Philippines.

“FOURTH. - He was born on the 22nd day of June 1954 at Tondo, Manila. He was formerly a citizen of the Philippines. He lost his Philippine citizenship by naturalization in a foreign country. He is at present a citizen or subject of the United States of America. Copy of his birth certificate is hereto attached as Annex ‘A.’

“FIFTH. - He is newly married to Zenaida Lim who was born in Tondo, Manila and now resides at petitioner’s residence at Marikina, Metro Manila. Copy of their marriage contract is hereto attached as Annex ‘B.’

“SIXTH. - He returned to the Philippines from the United States of America in 1991. Copy of his alien registration is hereto attached as Annex ‘C.’

He filed his petition before the Regional Trial Court of Marikina. The Judge of RTC Marikina dismissed his petition. Is the dismissal correct? If so, why? Given the set of facts, what would be your advise to Roy Rosales for him to properly reacquire his Filipino citizenship?

15. Jose Chin was originally issued a Portuguese passport in 1971, valid for five (5) years and renewed for the same period upon presentment before the proper Portuguese consular officer. Despite his naturalization as a Philippine citizen on 10 February 1978, on 21 July 1981, Jose Chin applied for and was issued Portuguese Passport No. 35/81 serial N. 1517410 by the Consular Section of the Portuguese Embassy in Tokyo. Said Consular Office certifies that his Portuguese passport expired on 20 July 1986. While still a citizen of the Philippines who had renounced, upon his naturalization, "absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty" and pledged to "maintain true faith and allegiance to the Republic of the Philippines," he declared his nationality as Portuguese in commercial documents he signed, specifically, the Companies registry of Tai Shun Estate Ltd. 20 filed in Hongkong sometime in April 1980.

Upon knowing about his renewed Portuguese passport, the Commissioner on Immigration immediately cancelled his Filipino Passport, and ordered his deportation, on the ground that Jose Chin renounced his Filipino citizenship.

Is the action of the CID Commissioner correct? Explain.

16. In the year 1895, Joselito Chuan grandfather, Ong Te, arrived in the Philippines from China. Ong Te established his residence in the municipality of Laoang, Samar on land which he bought from the fruits of hard work.

As a resident of Laoang, Ong Te was able to obtain a certificate of residence from the then Spanish colonial administration.

The father of Joselito, Jose Ong Chuan was born in China in 1905. He was brought by Ong Te to Samar in the year 1915.

Jose Ong Chuan spent his childhood in the province of Samar. In Laoang, he was able to establish an enduring relationship with his neighbors, resulting in his easy assimilation into the community.

As Jose Ong Chuan grew older in the rural and seaside community of Laoang, he absorbed Filipino cultural values and practices. He was baptized into Christianity. As the years passed, Jose Ong Chuan met a natural born-Filipina, Agripina Lao. The two fell in love and, thereafter, got married in 1932 according to Catholic faith and practice.

The couple bore eight children, one of whom is Joselito Chuan who was born in 1948.

Jose Chuan never emigrated from this country. He decided to put up a hardware store and shared and survived the vicissitudes of life in Samar.

Joselito Chuan ran for governor in Samar and won. His rival filed a quo warranto proceeding to disqualify him on the ground that he is not a Filipino citizen.

Question: Is Joselito Chuan a Filipino citizen? Explain.

17. Chit Ng Sang, a Chinese national, filed a petition for naturalization on June 3, 1948 with the RTC Manila, which petition was docketed as Case No. 8225. After several hearings on the petition were held wherein the Office of the Solicitor General, in representation of the Republic of the Philippines appeared, the court rendered a decision dated October 25, 1950, granting his decree of naturalization.On November 20, 1952, he took his oath of allegiance.

About fifteen years later, or on January 5, 1968, the Republic of the Philippines, through the Solicitor General, filed a motion to cancel William Li Yao's certificate of naturalization on the ground he evaded the payment of some taxes. The Court, after hearing cancelled Chit Ng Sang’s citizenship.

(1)Is the action of the court valid? Cite your legal basis.

(2) Assuming that the taxes due were eventually paid, would that be a ground to reconsider the judgment of cancellation of citizenship?

18. Petitioner Coquilla was born on February 17, 1938 of Filipino parents in Oras, Eastern Samar. He grew up and resided there until 1965, when he joined the United States Navy. He was subsequently naturalized as a U.S. citizen.[1][2] From 1970 to 1973, petitioner thrice visited the Philippines while on leave from the U.S. Navy.[1][3] Otherwise, even after his retirement from the U.S. Navy in 1985, he remained in the United States.

On October 15, 1998, petitioner came to the Philippines and took out a residence certificate, although he continued making several trips to the United States, the last of which took place on July 6, 2000 and lasted until August 5, 2000.[1][4] Subsequently, petitioner applied for repatriation under R.A. No. 8171[1][5] to the Special Committee on Naturalization. His application was approved on November 7, 2000, and, on November 10, 2000, he took his oath as a citizen of the Philippines. Petitioner was issued Certificate of Repatriation No. 000737 on November 10, 2000 and Bureau of Immigration Identification Certificate No. 115123 on November 13, 2000.

On November 21, 2000, petitioner applied for registration as a voter of Butnga, Oras, Eastern Samar. His application was approved by the Election Registration Board on January 12, 2001.[1][6] On February 27, 2001, he filed his certificate of candidacy stating therein that he had been a resident of Oras, Eastern Samar for “two (2) years.”[1][7]

On March 5, 2001, respondent Neil M. Alvarez, who was the incumbent mayor of Oras and who was running for reelection, sought the cancellation of petitioner’s certificate of candidacy on the ground that the latter had made a material misrepresentation in his certificate of candidacy by stating that he had been a resident of Oras for two years when in truth he had resided therein for only about six months since November 10, 2000, when he took his oath as a citizen of the Philippines.

Is Neil Alvarez’ contention correct?

19. Petitioner Altarejos was a candidate for mayor in the Municipality of San Jacinto, Masbate in the May 10, 2004 national and local elections.

On January 15, 2004, private respondents Jose AlmiƱe Altiche and Vernon Versoza, registered voters of San Jacinto, Masbate, filed with the COMELEC, a petition to disqualify and to deny due course or cancel the certificate of candidacy of petitioner on the ground that he is not a Filipino citizen and that he made a false representation in his certificate of candidacy that “[he] was not a permanent resident of or immigrant to a foreign country.”

Private respondents alleged that based on a letter[1] from the Bureau of Immigration dated June 25, 2001, petitioner was a holder of a permanent U.S. resident visa, an Alien Certificate of Registration No. E139507 issued on November 3, 1997, and an Immigration Certificate of Residence No. 320846 issued on November 3, 1997 by the Bureau of Immigration.[2]

On January 26, 2004, petitioner filed an Answer[3] stating, among others, that he did not commit false representation in his application for candidacy as mayor because as early as December 17, 1997, he was already issued a Certificate of Repatriation by the Special Committee on Naturalization, after he filed a petition for repatriation pursuant to Republic Act No. 8171. Thus, petitioner claimed that his Filipino citizenship was already restored, and he was qualified to run as mayor in the May 10, 2004 elections. Petitioner sought the dismissal of the petition. Atty. Zacarias C. Zaragoza, Jr., regional election director for Region V and hearing officer of this case, recommended that petitioner Altarejos be disqualified from being a candidate for the position of mayor of San Jacinto, Masbate in the May 10, 2004 national and local elections.

Question: Is the recommendation of Zaragoza correct?

20. Is the registration of repatriation with the proper civil registry and with the Bureau of Immigration a prerequisite in effecting repatriation? Cite the legal basis of your answer.

END OF THE EXAMINATION

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