Co v. HRET

Co v.
Electoral Tribunal of the House Representatives

G.R. No. 92191-92; 92202-03 – July 30, 1991
J. Gutierrez, Jr.
Digest Author: GATUS
Topic: Territory, People and Government – People (Citizenship), those born of Filipino mothers before
the enactment of the 1973 Constitution and elect Philippine citizenship are considered natural-born
Filipino citizens under the 1987 Constitution
Petitioners: Antonio Y. Co, Sixto T. Balanquit, Jr.

Respondents: House of Representatives Electoral Tribunal (HRET), Jose Ong, Jr.
SUMMARY: During the May 1987 congressional elections for the second district of Northern Samar, the
candidates were the petitioners, Co and Balanquit, and private respondent, Ong. Ong won the elections
but the petitioners filed electoral protests against him saying that 1) he is not a natural-born citizen and 2)
he is not a resident of the second district of Northern Samar. HRET, in a decision, declared otherwise.
The issue is whether or not HRET acted with grave abuse of discretion.
ISSUES + HELD:
1. W/N the Court has jurisdiction
o YES. Under Article VI, Section 17 of the Constitution (see notes), HRET and SET
(Senate Electoral Tribunal) shall be the sole judge of all electoral contests including the
qualifications of their respective members
 It is full, clear and complete (Justice Malcolm, Lazatin v. HRET)
o BUT the Court can still exercise the power of judicial review
 To determine whether or not HRET acted with grave abuse of discretion under
the expanded jurisdiction given to the Court from the 1987 Constitution
 In the absence of such abuse, the Court lacks jurisdiction
 It is not within the Court’s jurisdiction to exercise corrective power as to
who won
2. W/N Ong is a natural-born Filipino citizen
o YES. Under Art. IV, Section 1, par. 3 and Sec. 2, of the 1987 Constitution (please see
notes), those born of Filipino mothers before the enactment of the 1973 Constitution,
who elect Philippine citizenship at the age of majority shall be deemed natural-born
Filipino citizens
 BEFORE, under the 1935 Constitution (see notes), those who were born of a
Filipino father and an alien mother was automatically granted the status of a
natural-born citizen but those born of a Filipino mother and an alien father
would still have to elect Philippine citizenship and if they did so, they become
Filipino citizens but not natural-born
 Under the 1973 Constitution (see notes), those born of Filipino fathers AND
those born of Filipino mothers and alien fathers are treated equally, both
considered as natural-born citizens BUT those born of Filipino mothers before
the enactment of 1973 constitution must still elect Philippine citizenship and if
they did so, are still not considered natural-born but only Filipino citizens
 It is only until the 1987 Constitution that those born of Filipino mothers before
the enactment of 1973 Constitution and who elected Philippine citizenship are
considered natural-born
o 1) Ong’s mother is a natural-born Filipina …CHECK!
o 2) W/N Ong being born in 1948 elected Philippine citizenship
 YES. But not formally or in writing, because he was already a citizen, it was
not expected therefore,
 When his father was naturalized, Ong was only nine years old and by
virtue of Section 15 of the Revised Naturalization Act, Ong became a
Filipino citizen
 “Election” can be both a formal and informal process
o In In Re: Florencio Mallare, the exercise of the right of suffrage
constitutes a positive act of election of Philippine citizenship
o For all intents and purposes, Ong is a Filipino because he has
lived his life here
 E.g. entering a profession only to Filipinos, the mass of
voters voted for him fully aware of his origins and
parentage, he lived here since he was a child, he voted
here, he ran for public office, etc.
o The filing of formal declaration is a requirement for those who
still have to elect citizenship but for those already Filipino,
there are formal manifestations of choice
o 3) His full brother, delegate Emil Ong is considered a natural-born citizen in the 1971
Constitutional Convention,
 On the basis of their grandfather, although full Chinese, having
domiciled in the Philippines is considered a Spanish subject and thus
considered Filipino under the Philippine Bill of 1902
3. W/N Ong is a resident of the district
o YES. “Residence” is synonymous with domicile under the Constitution,
 The framers of the Constitution understood it as such
 “Domicile” denotes a fixed permanent residence to which one intends to return
upon absence
 The principle of animus revertendi (“with intention to return”)
 There is no property qualification,
o In De los Reyes v. Solidum, it is sufficient that they live in a
rented or a relative’s or friend’s house
 Ong family owns a residence in an apartment in Samar and he periodically
returns to his home province
RULING: Petitions are hereby DISMISSED and the questioned decision of HRET is AFFIRMED.
FULL DISPOSITIVE TEXT: WHEREFORE, the petitions are hereby DISMISSED. The questioned
decision of the House of Representatives Electoral Tribunal is AFFIRMED. Respondent Jose Ong, Jr. is
declared a natural-born citizen of the Philippines and a resident of Laoang, Northern Samar.
DISSENT: Justice Padilla, his main contention is that “election” of citizenship must be express and not
implied because the In Re: Florencio Mallare case cited by the majority occurred in 1924 which is before
Commonwealth Act 625, which required sworn statements of election of citizenship and before the 1935
Constitution which granted the right to “elect” in the first place. Also, Mallare was considered Filipino
not because he embodied being a Filipino but because he is an illegitimate child of a Filipino.
NOTES:
 [1987] ART. VI, SEC. 17. The Senate and the House of Representatives shall each have an
Electoral Tribunal, which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as
the case may be, who shall be chosen on the basis of proportional representation from the political
parties and the parties or organizations registered under the party-list system represented therein.
The senior Justice in the Electoral Tribunal shall be its Chairman.
 [1987] ART. IV, SEC. 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution;
2. Those whose fathers or mothers are citizens of the Philippines;
3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and
4. Those who are naturalized in accordance with law.
 [1987] ART. IV, SEC. 2. 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. Those
who elect Philippine citizenship in accordance with paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.
 [1973] ART. III. SECTION 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippines at the time of the adoption of this Constitution.
2. Those whose fathers or mothers are citizens of the Philippines.
3. Those who elect Philippine citizenship pursuant to the provisions of the Constitution of
nineteen hundred and thirty-five.
 [1935] ART. IV. SECTION 1. The following are citizens of the Philippines:
1. Those who are citizens of the Philippine Islands at the time of the adoption of this
Constitution.
2. Those born in the Philippine Islands of foreign parents who, before the adoption of this
Constitution, had been elected to public office in the Philippine Islands.
3. Those whose fathers are citizens of the Philippines.
4. Those whose mothers are citizens of the Philippines and, upon reaching the age of majority,
elect Philippine citizenship.

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Co v.

Electoral Tribunal of the House Representatives

Digest Author: GATUS

Petitioners: Antonio Y. Co, Sixto T. Balanquit, Jr.

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