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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
2.
In 1998, Vicente Ching finished his law degree at the Saint Louis University in Baguio City, and
consequently filed an application to take the 1998 Bar Examinations.
3.
4.
5.
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.
6.
But he was not allowed to take his oath because of his questionable citizenship.
7.
DAYOS 2015
majority he elected Philippine citizenship" in strict compliance with the provisions of Commonwealth
Act No. 625 entitled "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." The OSG adds that
"(w)hat he acquired at best was only an inchoate Philippine citizenship which he could perfect by
election upon reaching the age of majority within reasonable time (3 years according to
jurisprudence).
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. Nevertheless, the Solicitor-General recommended that
the rule be relaxed due to the special circumstance of Ching.
DISPOSITION: The Court Resolves to DENY Vicente D. Ching's application for admission to the Philippine
Bar.
DOCTRINE:
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 of the right with fervor, enthusiasm
and promptitude. Sadly, in this case, Ching slept on his opportunity to elect Philippine citizenship
and, as a result. this golden privilege slipped away from his grasp.
DAYOS 2015