Beruflich Dokumente
Kultur Dokumente
Santos
Bernard Ong.
Respondent.
x-------------------------------------------------------x
1. Bernard Ong was born in Beijing, China. His mother is a Filipino, his father a
Chinese.
2. He grew up to be a scholar and at the age of 21, he was sought after by so many
companies because of his intellect.
4. His employment however was objected to through a petition filed by the Kapisanan
ng mga Highly Skilled Workers of the Philippines
5. They argue that Bernard must first secure an alien working permit before being
allowed to work.
II. Arguments
6. Bernard Ong is not qualified to work in the Philippines and must secure an Alien
Workers Permit from the pertinent government office:
John Dominic T. Buhangin Labor Law Review I Prof. G. Santos
a. That Mario, born before January 17, 1973, did not elect Philippine citizenship
by the time he reached the age of majority;
III. Discussion
i. x x x;
ii. x x x;
iii. Those born before January 17, 1973, of Filipino mothers, who elect
Philippine citizenship upon reaching the age of majority;
iv. x x x
8. Assuming arguendo that Bernard Ong was born prior to January 17, 1973, he must
then elect Filipino citizenship by the time he reached the age of majority. Not only
that, he must do so within a reasonable time.
9. The reasonable time duration has been pegged by the Supreme Court to be within
three years. This is highlighted in the case of Re: Application for Admission to the
Philippine Bar v. Ching, B. M. No. 914, 1999. The Court said regarding the
reasonable time to elect Filipino citizenship:
a. The clause upon reaching the age of majority has been construed to mean a
reasonable time after reaching the age of majority which had been interpreted
by the Secretary of Justice to be three (3) years (Velayo, supra at p. 51 citing
Op., Sec. of Justice No. 70, s. 1940, Feb 27, 1940). Said period may be
extended under certain circumstances, as when a (sic) person concerned has
always considered himself a Filipino (ibid., citing Op. Nos. 355 and 422, s.
1955; 3, 12, 46, 86, and 97, s. 1953). But in Cuenco, it was held that an
election done after over seven (7) years was not made within a reasonable
time.
10. Assuming arguendo further that Bernard Ong was born prior to January 17, 1973, and
did not elect Filipino citizenship within reasonable time, then the Kapisanan ng mga
Highly Skilled Workers of the Philippines will have cause of action to compel Ong to
get an Alien Workers Permit given that he implicitly chose his fathers citizenship
absent any external act (oath of allegiance, submission to civil registry of documents
John Dominic T. Buhangin Labor Law Review I Prof. G. Santos
Notary Public
Doc. No.
Page No.
Book No.
Series of 2017.
Copy Furnished: