IN RE: FLORENCIO MALLARE Adm. Case No. 533. September 12, 1974

FACTS

Florencio Mallare was admitted to the Philippine Bar however the court ordered an investigation regarding his citizenship and for the purpose of determining whether his name should be stricken from the roll of persons authorized to practice law in the Philippines. After the investigation, a decision was rendered by the Court, holding that by preponderance of evidence, it appeared that respondent Mallare’s father, Esteban Mallare, was a Chinese up to his death; and his mother admittedly being a Chinese, respondent is likewise a Chinese national. Consequently, respondent Florencio Mallare was declared excluded from the practice of law; his admission to the bar was revoked, and he was ordered to return to this Court, the lawyer’s diploma previously issued to him.
Respondent moved for reconsideration of the decision, which was denied by the Court. On February 4, 1969, respondent petitioned the Court for the reopening of the case and for new trial on the ground, inter alia, of newly discovered evidence, the introduction of which could alter the decision previously promulgated. The evidence proposed to be presented consisted of :
(1) an entry in the registry of baptism of the Immaculate Concepcion Church at Macalelon, Quezon, purporting to show that Estaben Mallare (respondent’s father) is the natural son of Ana Mallare, a Filipina; and
(2) testimonies of certain persons who had a known Esteban Mallare and his mother during their lifetime.

ISSUE
WON the respondent is Filipino citizen.
HELD

The Court finds sufficient grounds to warrant a definite setting aside of its decision and a definitive declaration that respondent Florencio Mallare is a Filipino citizen and therefore with qualification and right to continue the practice of law in the Philippines. With the additional evidence submitted by respondent pursuant to the authority granted by this Court, the aforementioned void in the proof of respondent’s citizenship has been duly filled.
The witnesses, all natives of Macalelon, who had personal knowledge of the person, birth and residency of both Ana Mallare and her son Esteban, were one in their declaration that Ana Mallare is a Tagalog who had continuously resided in the place, and that Esteban, her son, was reputedly born out of wedlock. Such declarations constitute admissible evidence of the birth and illegitimacy of Esteban Mallare.
Esteban Mallare, natural child of Ana Mallare, a Filipina, is therefore himself a Filipino, and no other act would be necessary to confer on him all the rights and privileges attached to Philippine citizenship.

DECISION
Upon the foregoing considerations, and on the basis of the original and additional evidence herein adduced the decision of this Court dated April 29, 1968, is hereby definitely set aside, and the complaint in this case is DISMISSED, without pronouncement as to costs.