The issue on citizenship has now taken centerstage once again these past few days. One winning congressman has already been unseated on the issue of citizenship while that of Benguet Congressman Yap is still pending with the COMELEC as of press time. The issue on citizenship might not be important to most, it is a fundamental question which affects the qualifications of elected and appointed officials. Article VI, Section 6 of our Constitution provides that a member of the House of Representatives must be a natural-born citizen of the Philippines. Then who is a natural-born citizen? Article IV, SECTION 2 of the Constitution states: “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….” Meaning, those whose mother and/or father are Filipinos at the time of birth and “those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority”. We do not have any information regarding the petition against Congressman Yap since it is still pending before the COMELEC, so we can only wait. But the question on being a natural-born citizen confronted a prospective appointee as associate justice of the Supreme Court.
Justice Ong
Former Sandigan Bayan Justice Gregory S. Ong was one of the nominees for the position of Associate Justice of the Supreme Court and was indeed picked by then President Arroyo. When it was apparent that the Executive Secretary intends to release the appoint of Ong as Associate Justice of the Supreme Court, a petition was filed before the Supreme Court to stop the release of the appointment papers. The issue: Ong is not a natural-born citizen therefore not qualified for appointment as justice of the Supreme Court. One of the allegations in the complaint is the fact that his record of birth states that his citizenship is “Chinese” and his father only became a naturalized citizen when Ong was already eleven years old.
Not natural-born
The birth certificate of Ong clearly stated his citizenship as “Chinese” and this prevails over the certification from the Bureau of Immigration. The decision says: “It is clear, therefore, that from the records of this Court, respondent Ong is a naturalized Filipino citizen. The alleged subsequent recognition of his natural-born status by the Bureau of Immigration and the DOJ cannot amend the final decision of the trial court stating that respondent Ong and his mother were naturalized along with his father.” (G.R. 177721, 03 July 2007) Ong is a citizen of the Philippines but not natural-born. The SC in effect said that the entry on the birth certificate of Ong cannot be changed unless through court proceedings wherein he has to prove that he is a natural-born Filipino. Without said action from the proper court Ong cannot be appointed as Associate Justice of the Supreme Court. He was subsequently dismissed by the Supreme Court as Associate Justice of the Sandiganbayan due to his link to the Napoles pork barrel scam.
