ANTONIO Y. CO, petitioner, vs. ELECTORAL TRIBUNAL OF THE HOUSE OF REPRESENTATIVES AND JOSE ONG, JR., respondents. 199 SCRA 692 July 30, 1991 Facts:
This case arose when the petitioner, Antonio Y, Co filed an election protest on the grounds that Jose Ong, Jr is not a natural born citizen of the Philippines and not a resident of second district of Northern Samar.Prior to this, the Electoral Tribunal of the House of Representatives declared that respondent Jose Ong, Jr. is a natural born Filipino citizen and a resident of Laoang, Northern Samar for voting purposes. 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 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.
Issue:
Whether or not Jose Ong, Jr. is a citizen of the Philippines.
Held:
Yes. In the year 1895, the respondent’s grandfather, Ong Te, Ong Te, arrived in the Philippines from China and established his residence in the municipality of Laoang, Samar. The father of the respondent, Jose Ong Chuan was born in China in 1905 but was brought by Ong Te to Samar in the year 1915, he filed with the court an application for naturalization and was declared a Filipino citizen. In 1984, the private respondent married a Filipina named Desiree Lim. For the elections of 1984 and1986, Jose Ong, Jr. registered himself as a voter of Laoang, Samar, and voted there during those elections. Under the 1973 Constitution, those born of Filipino fathers and those born of Filipino mothers with an alien father were placed on equal footing. They were both considered as natural born citizens. Besides, respondent did more than merely exercise his right of suffrage. He has established his life here in the Philippines. On the issue of residence, it is not required that a person should have a house in order to establish his residence and domicile. It is enough that he should live in the municipality or in a rented house or in that of friend or relative. To require him to own property in order to be eligible to run for Congress would be the same as to a property qualification. The Constitution only requires that the candidate meet the age, citizenship, voting and residence requirements
