G.R. No. A.C. No. 9492, July 11, 2016
Plutarco E. Vazquez, Complainant vs. Atty. David Lim Queco Kho, Respondent

FACTS

Complainant Plutarco E. Vazquez filed a disbarment case against respondent Atty. David Lim Queco Kho, alleging that Atty. Kho violated his lawyer’s oath and Rule 1.01 of the Code of Professional Responsibility by making a false statement under oath in his Certificate of Acceptance of Nomination for the Coalition of Associations of Senior Citizens in the Philippines party-list group. The falsehood alleged was Atty. Kho’s declaration that he was a natural-born Filipino citizen. Complainant asserted that respondent, born on April 29, 1947 to a Chinese father and a Filipina mother, was a Chinese national under the 1935 Constitution, which conferred the father’s citizenship. Complainant also argued that Atty. Kho’s act of electing Philippine citizenship on February 25, 1970 presupposed he was an alien or of doubtful status.
In his defense, Atty. Kho countered that at the time of his birth, his parents were not married; they married only on February 8, 1977. Thus, under the 1935 Constitution, his citizenship followed that of his Filipina mother, making him a natural-born Filipino. He argued his subsequent election of citizenship was superfluous. Atty. Kho also moved to dismiss the complaint on grounds of forum shopping, noting complainant had filed a quo warranto proceeding with the House of Representatives Electoral Tribunal (HRET) and a criminal complaint for perjury, both already dismissed, and argued that disbarment was not the proper remedy to attack citizenship.
In reply, complainant contested the claim of non-marriage at birth, citing Atty. Kho’s Certificate of Live Birth stating his parents were married. He argued that at the time of the election of citizenship, Atty. Kho’s mother had become a Chinese national by marriage, making both parents Chinese and the election defective. The case was referred to the IBP Commission on Bar Discipline (IBP-CBD), which, after investigation, found Atty. Kho innocent, recommended dismissal for lack of merit, and found complainant guilty of forum shopping. The IBP Board of Governors adopted this recommendation.

ISSUE

Whether respondent Atty. David Lim Queco Kho violated his lawyer’s oath and the Code of Professional Responsibility by falsely declaring himself a natural-born Filipino citizen in his Certificate of Acceptance of Nomination.

RULING

The Supreme Court DISMISSED the administrative complaint against Atty. Kho for lack of merit. The Court held that a disbarment case is not the proper venue to collaterally attack a person’s citizenship. An attack on citizenship may only be done through a direct action for its nullity. Since there was no ruling from a competent court on respondent’s citizenship, the disbarment case lacked a foundation. The Court adopted the IBP-CBD’s finding that it had to make a limited inquiry into the citizenship issue as it pertained to the alleged dishonesty, but clarified such a finding could not strip or sustain citizenship. The Court approved the IBP’s Report and Recommendation dismissing the case.