Whatever Infos

GR No. 87193, June 23 1989, 174 SCRA 245 FACTS: Petitioner Juan G. Frivaldo was proclaimed governor-elect of the province of Sorsogon on January 22, 1988, and assumed office in due time. On October 27, 1988, the league of Municipalities, Sorsogon Chapter, represented by its President, Salvador Estuye, who was also suing in his personal capacity, filed with the Commission on Elections a petition for the annulment of Frivaldo’s election and proclamation on the ground that he was not a Filipino citizen, having been naturalized in the United States. Frivaldo admitted that he was naturalized in the United States as alleged but pleaded the special and affirmative defenses that he had sought American citizenship only to protect himself against President Marcos. His naturalization, he said, was "merely forced upon himself as a means of survival against the unrelenting persecution by the Martial Law Dictator’s agents abroad." He added that he had returned to the Philippines...

Republic vs. De La Rosa GR No. 104654, June 6 1994, 232 SCRA 785 FACTS: This is a petition for certiorari under Rule 45 of the Revised Rules of Court in relation to R.A. No. 5440 and Section 25 of the Interim Rules, filed by the Republic of the Philippines:  (1) to annul the Decision of the Regional Trial Court, Branch 28, Manila, which re-admitted private respondent as a Filipino citizen under the Revised Naturalization Law (C.A. No. 63 as amended by C.A. No. 473); and (2) to nullify the oath of allegiance taken by private respondent on February 27, 1992. Petitioner then filed a petition on September 20, 1991 for naturalization captioned to be re-admitted as citizen of the Philippines.  On January 14, 1992, private respondent filed a "Motion to Set Hearing Ahead of Schedule, that it shall be done on January instead of having it on March, " where he manifested his intention to run for public office in the May 1992 elections. The motion was granted and the hea...

Moy Ya Lim Yao vs. Commissioner of Immigration GR No. L-21289, October 4 1971, 41 SCRA 292 FACTS: Lau Yuen Yeung applied for a passport visa to enter the Philippines as a non-immigrant on 8 February 1961. In the interrogation made in connection with her application for a temporary visitor's visa to enter the Philippines, she stated that she was a Chinese residing at Kowloon, Hongkong, and that she desired to take a pleasure trip to the Philippines to visit her great grand uncle, Lau Ching Ping. She was permitted to come into the Philippines on 13 March 1961 for a period of one month. On the date of her arrival, Asher Y. Cheng filed a bond in the amount of P1,000.00 to undertake, among others, that said Lau Yuen Yeung would actually depart from the Philippines on or before the expiration of her authorized period of stay in this country or within the period as in his discretion the Commissioner of Immigration or his authorized representative might properly allow. Af...

GR No. 161434, March 3 2004 FACTS: Respondent Ronald Allan Kelly Poe, also known as Fernando Poe, Jr. (FPJ) filed his certificate of candidacy on 31 December 2003 for the position of President of the Republic of the Philippines in the forthcoming national elections.  In his certificate of candidacy, FPJ, representing himself to be a natural-born citizen of the Philippines, stated his name to be "Fernando Jr.," or "Ronald Allan" Poe, his date of birth to be 20 August 1939 and his place of birth to be Manila. Petitioner Fornier filed before the COMELEC a petition to disqualify FPJ and cancel his certificate of candidacy by claiming that FPJ is not a natural-born Filipino citizen, his parents were foreigners: his mother, Bessie Kelley Poe, was an American, and his father, Allan Poe, was a Spanish national, being the son of Lorenzo Pou, a Spanish subject.  The COMELEC dismissed the petition for lack of merit. ISSUE: Whether or not FPJ is a natural-born ...

BENGSON VS. HRET GR No. 142840, May 7 2001 FACTS: Respondent Cruz was a natural-born citizen of the Philippines. He was born in San Clemente, Tarlac, on April 27, 1960, of Filipino parents. The fundamental law then applicable was the 1935 Constitution. 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. As a consequence, he lost his Filipino citizenship for under Commonwealth Act No. 63, section 1(4), a Filipino citizen may lose his citizenship by, among other, "rendering service to or accepting commission in the armed forces of a foreign country." Respondent Cruz then reacquired his Philippine citizenship through repatriation under Republic Act No. 2630 entitled as “An Act Providing For Reacquisition of Philippine Citizenship By Persons Who Lost Such Citizenship by Rendering Service To, or Accepting Commission in, the Armed Forces of the U...

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 co...