AM 533; (September, 1974) (Digest)
A.M. No. 533 September 12, 1974
IN RE: FLORENCIO MALLARE
FACTS
This administrative case originated from a complaint by the Acting Immigration Commissioner questioning the citizenship of Florencio Mallare, who was admitted to the Philippine Bar in 1962. An initial investigation led to a Supreme Court decision on April 29, 1968, which held that Mallare’s father, Esteban Mallare, was a Chinese citizen, and consequently, Mallare himself was a Chinese national. The Court thus revoked his admission to the bar and ordered him to return his lawyer’s diploma. Mallare’s motion for reconsideration was denied. However, he subsequently petitioned for a reopening and new trial based on newly discovered evidence, including a baptismal registry entry showing his father, Esteban, as the natural son of Ana Mallare, a Filipino, and testimonies from individuals who knew Esteban and his mother. The Court granted this petition in a July 31, 1969 resolution, setting aside the 1968 decision and ordering a new trial to allow all parties to present additional evidence.
ISSUE
The central issue is whether Florencio Mallare is a Filipino citizen, which is a prerequisite for continuing his practice of law in the Philippines. This hinges entirely on the citizenship of his father, Esteban Mallare.
RULING
The Supreme Court ruled definitively that Florencio Mallare is a Filipino citizen and is therefore qualified to continue practicing law. The Court meticulously re-evaluated the evidence, setting aside its 1968 decision. The Immigration Commissioner’s evidence, including Justice Department opinions, death and birth certificates labeling Esteban as Chinese, and Mallare’s old alien certificate, was found insufficient and unreliable. The Court noted that the birth certificate informants had no personal knowledge of Esteban’s origins, and the alien registration was secured by Mallare’s mother under a mistaken belief about their citizenship status after her husband’s death.
Conversely, Mallare presented compelling evidence establishing his father’s Filipino citizenship. This included a court decision recognizing him as a Philippine citizen, an Immigration Bureau order canceling his alien registration and issuing an identification certificate as a Filipino, a court order correcting his birth record to reflect Filipino nationality, his Philippine passport, and an opinion from the Solicitor General recognizing his citizenship. Crucially, the evidence demonstrated that Esteban Mallare was the natural child of Ana Mallare, a Filipino, born in Macalelon, Quezon, in 1903. Esteban’s own acts, such as being a registered voter, further confirmed his election of Philippine citizenship. The Court held that citizenship, once acquired by birth from a Filipino mother, is not forfeited by subsequent erroneous acts or registrations. Therefore, as the legitimate son of a Filipino father, Florencio Mallare is a Filipino citizen. The complaint was dismissed.