Co v HRET 199 SCRA 692

ISSUE:  Whether or Not Jose Ong, Jr. is a natural born citizen of the Philippines 

FACTS:  On May 11, 1987, the congressional election for the second district of Northern Samar was held. Among the candidates who vied for the position of representative in the second legislative district of Northern Samar are the petitioners, Sixto Balinquit and Antonio Co and the private respondent, Jose Ong, Jr. Respondent Ong was proclaimed the duly elected representative of the second district of Northern Samar. The petitioners filed election protests against the private respondent premised on the following grounds:   1)Jose Ong, Jr. is not a natural born citizen of the Philippines; and  2)Jose Ong, Jr. is not a resident of the second district of Northern Samar. 

DECISION:  Dismissed 

RATIO DECIDENDI:  The Court interprets Sec 1, Par 3 of Art 4 above as applying not only to those who elect Philippine citizenship after February 2, 1987 but also to those who, having been born of Filipino mothers, elected citizenship before that date. The provision in question was enacted to correct the anomalous situation where one born of a Filipino father and an alien mother was automatically granted the status of a natural-born citizen while one born of a Filipino mother and an alien father would still have to elect Philippine citizenship. If one so elected, he was not, under earlier laws, conferred the status of a natural-born.