Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor found a prima
CO VS. HRET
GR No. 92191-92, July 30, 1991
FACTS:
On May 11, 1987, the congressional election for the second district of Northern Samar was held. Among the candidates who vied for the position of representative in the second legislative district of Northern Samar are the petitioners, Sixto Balinquit and Antonio Co and the private respondent, Jose Ong, Jr. Respondent Ong was proclaimed the duly elected representative of the second district of Northern Samar.
The petitioners filed election protests against the private respondent alleging that Jose Ong, Jr. is not a natural born citizen of the Philippines and not a resident of the second district of Northern Samar.
The House of Representatives Electoral Tribunal (HRET) declared respondent Ong is a natural born Filipino citizen and a resident of Laoang, Northern Samar for voting purposes.
ISSUES:
1. Whether or not respondent is a natural born Filipino and a resident of Laoang, Northern Samar.
2. Whether or not the HRET committed grave abuse of authority in the exercise of its powers.
HELD:
1. The Court affirmed the decision of HRET that respondent is a natural born Filipino and a resident of Laoang, Northern Samar. The respondent traces his natural born citizenship through his mother, not through the citizenship of his father. The citizenship of the father is relevant only to determine whether or not the respondent "chose" to be a Filipino when he came of age. At that time and up to the present, both mother and father were Filipinos. Respondent Ong could not have elected any other citizenship unless he first formally renounced Philippine citizenship in favor of a foreign nationality. Unlike other persons faced with a problem of election, there was no foreign nationality of his father which he could possibly have chosen.
2. The Court declared that HRET did not commit any grave abuse of discretion. The same issue of natural-born citizenship has already been decided by the Constitutional Convention of 1971 and by the Batasang Pambansa convened by authority of the Constitution drafted by that Convention. Emil Ong, full blood brother of the respondent, was declared and accepted as a natural born citizen by both bodies.
FACTS:
On May 11, 1987, the congressional election for the second district of Northern Samar was held. Among the candidates who vied for the position of representative in the second legislative district of Northern Samar are the petitioners, Sixto Balinquit and Antonio Co and the private respondent, Jose Ong, Jr. Respondent Ong was proclaimed the duly elected representative of the second district of Northern Samar.
The petitioners filed election protests against the private respondent alleging that Jose Ong, Jr. is not a natural born citizen of the Philippines and not a resident of the second district of Northern Samar.
The House of Representatives Electoral Tribunal (HRET) declared respondent Ong is a natural born Filipino citizen and a resident of Laoang, Northern Samar for voting purposes.
ISSUES:
1. Whether or not respondent is a natural born Filipino and a resident of Laoang, Northern Samar.
2. Whether or not the HRET committed grave abuse of authority in the exercise of its powers.
HELD:
1. The Court affirmed the decision of HRET that respondent is a natural born Filipino and a resident of Laoang, Northern Samar. The respondent traces his natural born citizenship through his mother, not through the citizenship of his father. The citizenship of the father is relevant only to determine whether or not the respondent "chose" to be a Filipino when he came of age. At that time and up to the present, both mother and father were Filipinos. Respondent Ong could not have elected any other citizenship unless he first formally renounced Philippine citizenship in favor of a foreign nationality. Unlike other persons faced with a problem of election, there was no foreign nationality of his father which he could possibly have chosen.
2. The Court declared that HRET did not commit any grave abuse of discretion. The same issue of natural-born citizenship has already been decided by the Constitutional Convention of 1971 and by the Batasang Pambansa convened by authority of the Constitution drafted by that Convention. Emil Ong, full blood brother of the respondent, was declared and accepted as a natural born citizen by both bodies.