This case concerns whether Jose Ong Jr. was qualified to be elected as a representative of Northern Samar. The House of Representatives Electoral Tribunal had declared Ong a natural-born Filipino citizen and resident of Northern Samar. The petitioners challenged this, arguing that Ong was not natural-born and not a resident. The Supreme Court upheld the Tribunal's decision. It found that Ong's father was naturalized while Ong was a minor, which extended citizenship to Ong. It also found that Ong maintained ties to Northern Samar and had not abandoned his residence there, even while studying and working in Manila. Therefore, Ong was qualified for the representative position.
This case concerns whether Jose Ong Jr. was qualified to be elected as a representative of Northern Samar. The House of Representatives Electoral Tribunal had declared Ong a natural-born Filipino citizen and resident of Northern Samar. The petitioners challenged this, arguing that Ong was not natural-born and not a resident. The Supreme Court upheld the Tribunal's decision. It found that Ong's father was naturalized while Ong was a minor, which extended citizenship to Ong. It also found that Ong maintained ties to Northern Samar and had not abandoned his residence there, even while studying and working in Manila. Therefore, Ong was qualified for the representative position.
This case concerns whether Jose Ong Jr. was qualified to be elected as a representative of Northern Samar. The House of Representatives Electoral Tribunal had declared Ong a natural-born Filipino citizen and resident of Northern Samar. The petitioners challenged this, arguing that Ong was not natural-born and not a resident. The Supreme Court upheld the Tribunal's decision. It found that Ong's father was naturalized while Ong was a minor, which extended citizenship to Ong. It also found that Ong maintained ties to Northern Samar and had not abandoned his residence there, even while studying and working in Manila. Therefore, Ong was qualified for the representative position.
This case concerns whether Jose Ong Jr. was qualified to be elected as a representative of Northern Samar. The House of Representatives Electoral Tribunal had declared Ong a natural-born Filipino citizen and resident of Northern Samar. The petitioners challenged this, arguing that Ong was not natural-born and not a resident. The Supreme Court upheld the Tribunal's decision. It found that Ong's father was naturalized while Ong was a minor, which extended citizenship to Ong. It also found that Ong maintained ties to Northern Samar and had not abandoned his residence there, even while studying and working in Manila. Therefore, Ong was qualified for the representative position.
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Subject Matter:
People: Citizenship COMMONWEALTH ACT No. 473 "Revised Naturalization Law." Section 15. Effect of the naturalization on wife and children Minor children of persons naturalized under this law who have been born in the Philippines shall be considered citizens thereof. Executive Order No. 292, s. 1987 SECTION 5. Who are Citizens.The following are the citizens of the Philippines: (1) Those who are citizens of the Philippines at the time of the adoption of the Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; (4) Those who are naturalized in accordance with law. Antonio Y. Co v. Electoral Tribunal of the House of Representatives & Jose Ong, Jr. G.R. NO. 92202-03 / 30 July 1991 Gutierrez, Jr., J. Facts: PetitionersaskforthesettingasideofthereversalofadecisionoftheHouseofRepresentativesElectoral Tribunal(HRET). HRETdeclaredJoseOng,Jr.anaturalbornFilipinocitizenandresidentofLaoang,NorthernSamarfor votingpurposes. May11,1987Electionfor2 ndDistrictofNorthernSamarwasheldinwhichpetitioners,SixtoBalinquitand AntonioCo,andrespondent,Ongwerecandidates. Ongwasproclaimedthedulyelectedrepresentativeof2 ndDistrictofNorthernSamar. Petionersfiledelectionprotestspremisedonthefollowinggrounds: o OngisnotanaturalbornofthePhilippinesand o Notaresidentofthe2ndDistrictofSamar. November6,1989HRETfoundfortheprivaterespondentinitsdecision. November12,1989petitionersfiledamotionforreconsiderationDENIEDbyHRETonFebruary22,1989. Petitionforcertiorari. 1895OngsgrandfatherarrivedinPhilippinesfromChinaandestablishedresidenceinLaoang,Samar.He obtainedacertificateofresidencefromtheSpanishcolonialgovernment. 1915OngsfatherwhowasborninChinain1905,wasbroughttothePhilippinesbyOngsgrandfather.He thengrewupinSamar,imbibingFilipinoculture,baptizedintoChristianity. 1932OngsfathermarriedAgripinaLao,anaturalbornFilipina.Thecouplebore8childrenoneofwhichis JoseOng,Jr.(respondent)whowasbornin1948. February15,1954OngsfatherappliedforNaturalizationwithCourtofFirstInstanceofSamarandwas declaredaFilipinocitizenonApril28,1995.CFIdecisionwasdeemedfinalandexecutoronMay15,1957 andmayalreadytakeoathofallegiance. OngacquiredhissecondaryandcollegeeducationinManila.AfterpassingCPAboardexam,workedin CentralBankofthePhilippines.Later,heworkedinthefamilyshardwarebusinessinManila.
Issue/s: 1. WON HRET acted with grave abuse of discretion in declaring Ong a natural born citizen and resident of Northern Samar. 2. WON respondent is a natural born Filipino. 3. WON respondent is a residence of Northern Samar. Holding: 1. No, HRET did not commit a grave abuse of discretion. The constitution explicitly provides that the HRET shall be sole judge of all contests relating to election, returns, and qualifications of its members (See Art VI, Sec. 17). The authority conferred to HRET is full, clear, and complete. The use of the word sole emphasizes the exclusivity of jurisdiction of HRET. So long as the constitution grants the HRET the power to be the sole judge, the Supreme Court shall not review any final action taken by HRET on a matter within its jurisdiction. In the 1987 constitution, SC was given expanded jurisdiction to review decisions of other branches. Yet, the court merely checks WON the government branch has gone beyond constitutional limits, not that it erred or has a different view. When theres no grave abuse of discretion, SC cannot exercise its corrective power. 2. YES, Ong is a natural born Filipino. Ong has lived the life of a Filipino since a small boy. He has worked for a government agency. He took board/licensure exam required Philippine citizenship. He participated in political exercises as a Filipino. His father was naturalized in 1955 while he was still young. His mother is a natural-born Filipina. Section 15 15 of the Revised Naturalization Act applies its benefit to Ong when his father became a naturalized Filipino for he was then a minor residing in this country. Therefore, he did not have to elect the Philippine citizenship upon reaching age of maturity because he was already a natural born. It was the law itself that had already elected Filipino citizenship for him. Also, an attack on a persons citizenship may only be done through a direct action for its nullity, not through a collateral approach or by attacking the Philippine citizenship of his father or his deceased grandfather. 3. Yes, Ong is a resident of Northern Samar. Even assuming that the private respondent does not own a property in Samar, the SC held in De los Reyes v. Solidum held that it is not required that a person should have a house in order to establish his residence and domicile. It is enough that he should live in the municipality or in a rented house or in that of a friend or relative. It has also been established that absence from residence to pursue studies or practice profession or registration as a voter other than in the place where one is elected, does not constitute loss of residence. Ong did not intentionally abandon residence in Samar when he pursued studies and profession in Manila. On the contarary, Ongs periodical journeys made to his home province revela that he had always had the animus revertendi. Dispositive: Petitions are DISMISSED. Decision of House of Representative Electoral Tribunal is AFFIRMED. Ong, Jr. is declared a natural-born citizen of the Philippines and resident of Laoang, Northern Samar Dissents: Padilla, J. A birth to a Chinese citizen father and natural born Filipino mother does not make Ong a natural born. 1935 Constitution states that only those whose fathers were citizens of the Philippines were considered Filipino citizens. Those of Filipino mothers should elect Filipino citizenship upon reaching age of majority. Following
1987 Constitution definition of a natural born, in relation to 1935 constitution; Ong is not a natural born Filipino, thus needed to elect Filipino citizenship upon reaching age of majority.
