Saturday, May 05, 2007

Robredo is not a Filipino Citizen - COMELEC

Winnie Monsod is all over this outrage. Most of the time, I don't agree with her, but in this case, she's right.

Previous:

- The Jesse Robredo Case

UPDATE: More twisted logic from the COMELEC.

UPDATE: Conrad de Quiros comments.

And from Willy Prilles, who is from Naga, has the lowdown on this. If you want to know more about the Robredo case, read his blog and keep scrolling.

4 comments:

mschumey07 said...

Mayor Robredo's case is worth adding to my Unfair Elections Act.

As we reach the homestretch, the administration will intensify its efforts to get rid of their opponents, by hook or by crook.

baycas2 said...

although the goings-on are absurd, i still refuse to fully believe mareng winnie’s assertions considering she wrote truth is arroy…

-----

according to brawner…as the burden of proof lies on the claimant [paa v. chan 128 Phil. 815 (1967)], jesse robredo failed to substantiate his claim that his father is a Filipino citizen and that he is thereby also a Filipino citizen.

granting jesse robredo’s father is an alien and his mother a Filipino citizen:

the Implied Election Doctrine on citizenship may not apply in jesse’s case and brawner, again, may have been right in citing Vicente Ching’s case…

...Can a legitimate child born under the 1935 Constitution of a Filipino mother and an alien father validly elect Philippine citizenship fourteen (14) years after he has reached the age of majority? This is the question sought to be resolved in the present case involving the application for admission to the Philippine Bar of Vicente D. Ching.

the supreme court denied mr. ching’s application as he is not a Filipino citizen…

...The Court, like the OSG, is sympathetic with the plight of Ching. However, even if we consider the special circumstances in the life of Ching like his having lived in the Philippines all his life and his consistent belief that he is a Filipino, controlling statutes and jurisprudence constrain us to disagree with the recommendation of the OSG. Consequently, we hold that Ching failed to validly elect Philippine citizenship. The span of fourteen (14) years that lapsed from the time he reached the age of majority until he finally expressed his intention to elect Philippine citizenship is clearly way beyond the contemplation of the requirement of electing "upon reaching the age of majority." Moreover, Ching has offered no reason why he delayed his election of Philippine citizenship. The prescribed procedure in electing Philippine citizenship is certainly not a tedious and painstaking process. All that is required of the elector is to execute an affidavit of election of Philippine citizenship and, thereafter, file the same with the nearest civil registry. Ching's unreasonable and unexplained delay in making his election cannot be simply glossed over.

Philippine citizenship can never be treated like a commodity that can be claimed when needed and suppressed when convenient. 20 One who is privileged to elect Philippine citizenship has only an inchoate right to such citizenship. As such, he should avail of the right with fervor, enthusiasm and promptitude. Sadly, in this case, Ching slept on his opportunity to elect Philippine citizenship and, as a result, this golden privilege slipped away from his grasp.

IN VIEW OF THE FOREGOING, the Court Resolves to DENY Vicente D. Ching's application for admission to the Philippine Bar.


-----

considering the number of times his citizenship was put to question and the number of years that has lapsed, the ousted mayor jesse robredo may have slept on the opportunity to clear things out. yes, the villafuertes may be guilty of political harassment but certain obligations as a Filipino citizen must be fulfilled. perhaps this is an eye-opener to him and this will pave the way to thresh out once and for all his status, whether he is an alien or not.

it’s sad that this has happened considering the apparent stellar performance of a public official and a political opponent’s desire to win at all cost even by mere technicality. we await jesse’s final fate once the supreme court is petitioned re: this brawner doctrine.

could it be that jesse’s bright mind (with possible clairvoyance) anticipated such comelec ruling or is jesse acknowledging his apparent neglect (on his citizenship) that’s why he fielded in his wife as mayoral candidate in Naga???

-----
quotes taken from:
BAR MATTER No. 914 October 1, 1999
RE: APPLICATION FOR ADMISSION TO THE PHILIPPINE BAR vs. VICENTE D. CHING, applicant.

pdf of brawner doctrine here.

john marzan said...

baycas:although the goings-on are absurd, i still refuse to fully believe mareng winnie’s assertions considering she wrote truth is arroy…

=====

i can't blame you baycas. ;) she damaged her credibility there.

baycas2 said...

this is fairly convincing...from lawyer dawin...

i take back what i suggested at mlq3's site re: get mayors at all cost.