In Re Ching, Bar Matter

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 submits 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.