Landmark Case: In Re Mallare, A.M. No. 533 September 12, 1974 (Case Digest)

In Re MallareA.M. No. 533 September 12, 1974

Facts

Mallare’s father Esteban was the illegitimate child of a Chinese father and a Filipino mother, and believed himself to be Chinese. Mallare became a lawyer, but his admission to the bar was revoked because his citizenship was questionable.

Issue

Is Mallare a Filipino citizen?

Ruling

The Supreme Court reversed the revocation after finding that Esteban was a Filipino because his mother was not married to his Chinese father. Furthermore, when Mallare came of age, he registered as a voter and exercised his right of suffrage. The Court considered these acts to be enough to show that Mallare had elected Filipino citizenship, without needing any formal declaration on his part.


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