LAURETO A. TALAROC v. ALEJANDRO D. UY G.R. No. L-5397, September 26, 1952 Facts: Alejandro D.

Uy was elected as municipal mayor of Manticao, Misamis Oriental on November 13, 1951. Laureto Talaroc, one of the defeated candidates filed a petition for quo warranto against Uy on the ground that Uy was a Chinese citizen and therefore ineligible. The lower court found the petition well- founded and declared the position in question vacant. Respondent Uys contentions were that his father was a subject of Spain and that his mother ipso facto reacquired her Filipino citizenship upon the death of her husband. He thus followed his mothers citizenship and is a citizen of the Philippines by the mere fact of his birth. Issue: Is the acquisition of citizenship under the jus soli doctrine nullified by the subsequent abandonment of aforesaid doctrine in favor of jus sanguinis doctrine. NO. Ratio: Par. 1, Article 17 of the Civil Code affirms and recognizes the principle of nationality by place of birth, jus soli. The decided weight of authority was to the effect that the marriage of an American woman with an alien conferred his nationality upon her during coverture; that upon the dissolution of the marriage by death of the husband, the wife reverted, ipso facto, to her former status, unless her conduct or acts showed that she elected to retain the nationality of her husband, and that the widowed mother herself thus reacquired her former nationality, her children, she being their natural guardian, should follow her nationality with the proviso that they may elect for themselves upon reaching majority. On the strength of the Roa doctrine, Alejandro Uy undoubtedly was considered a full- fledged Philippine citizen on the date of the adoption of the constitution, when jus soli had been the prevailing doctrine, i.e., a Filipino woman married to a Chinese ipso facto reacquired her Filipino citizenship upon her husbands demise and that thereafter her minor childrens nationality automatically followed that of the mothers. This rul e was not changed by the adoption of the jus sanguinis doctrine, and was in force until C.A. No. 63 went into effect in 1936, by which the legislature, for the first time, provided a method for regaining Philippine citizenship by Filipino women in such cases. It is to be noted that when C.A. No. 63 was passed, Ursula Diabo, mother of respondent Uy, had been a widow for 19 years and Alejandro D. Uy had been of age three years, and that the new law carries no provision giving it retroactive effect.

ANTONIO Y. CO v. ELECTORAL TRIBUNAL REPRESENTATIVES AND JOSE ONG, JR. G.R. No. 92191-92, July 30, 1991 Facts:

OF

THE

HOUSE

OF

The HRET declared that respondent Jose Ong, Jr. is a natural born Filipino citizen and a resident of Laoang, Northern Samar for voting purposes. 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 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 on the grounds that Jose Ong, Jr. is not a natural born citizen of the Philippines and not a resident of the second district of Northern Samar.

Issue: Whether Jose Ong, Jr. is a natural born citizen of the Philippines. Yes. Petitions are dismissed. Ratio: In the year 1895, the private respondents grandfather, Ong Te, arrived in the Philippines from China and established his residence in the municipality of Laoang, Samar. The father of the private respondent, Jose Ong Chuan was born in China in 1905 but was brought by Ong Te to Samar in the year 1915, he filed with the court an application for naturalization and was declared a Filipino citizen. In 1984, the private respondent married a Filipina named Desiree Lim. For the elections of 1984 and 1986, Jose Ong, Jr. registered himself as a voter of Laoang, Samar, and voted there during those elections. Under the 1973 Constitution, those born of Filipino fathers and those born of Filipino mothers with an alien father were placed on equal footing. They were both considered as natural born citizens. Besides, private respondent did more than merely exercise his right of suffrage. He has established his life here in the Philippines. On the issue of residence, 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. To require him to own property in order to be eligible to run for Congress would be tantamount to a property qualification. The Constitution only requires that the candidate meet the age, citizenship, voting and residence requirements.

TECSON v. COMELEC G.R. 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 citizen of the Philippines. YES. Ratio: Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Based on the evidence presented which the Supreme consider as viable is the fact that the death certificate of Lorenzo Poe, father of Allan Poe, who in turn was the father of private respondent Fernando Poe, Jr. indicates that he died on September 11, 1954 at the age of 84 years, in San Carlos, Pangasinan. Evidently, in such death certificate, the residence of Lorenzo Poe was stated to be San Carlos, Pangansinan. In the absence of any evidence to the contrary, it should be sound to conclude, or at least to presume, that the place of residence of a person at the time of his death was also his residence before death. Considering that the allegations of petitioners are not substantiated with proof and since Lorenzo Poe may have been benefited from the en masse Filipinization that the Philippine Bill had effected in 1902, there is no doubt that Allan Poe father of private respondent Fernando Poe, Jr. was a Filipino citizen. And, since the latter was born on August 20, 1939, governed under 1935 Constitution, which constitution considers as citizens of the Philippines those whose fathers are citizens of the Philippines, Fernando Poe, Jr. was in fact a natural-born citizen of the Philippines regardless of whether or not he is legitimate or illegitimate.