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    in Re Mallare 59 SCRA 344

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    Per-Vito Dans
    Esteban Mallare petitioned the court to reopen his case regarding his citizenship. The court originally ruled his father was not a Filipino and revoked his admission to the bar. Esteban provided new evidence including property records, identification documents, and witness testimony establishing that his mother Ana Mallare was Filipina and he was her natural child. As the natural child of a Filipina, Esteban would be considered a Filipino and entitled to citizenship rights. The court found the witness testimony about Esteban's birth and residency with his mother to be credible evidence of his illegitimate birth and Filipina heritage. Therefore, the court dismissed the original complaint and definitively ruled that Esteban Mallare was Filipino.

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    in Re Mallare 59 SCRA 344

    Uploaded by

    Per-Vito Dans
    38 views1 page
    Esteban Mallare petitioned the court to reopen his case regarding his citizenship. The court originally ruled his father was not a Filipino and revoked his admission to the bar. Esteban provided new evidence including property records, identification documents, and witness testimony establishing that his mother Ana Mallare was Filipina and he was her natural child. As the natural child of a Filipina, Esteban would be considered a Filipino and entitled to citizenship rights. The court found the witness testimony about Esteban's birth and residency with his mother to be credible evidence of his illegitimate birth and Filipina heritage. Therefore, the court dismissed the original complaint and definitively ruled that Esteban Mallare was Filipino.

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    in Re Mallare 59 SCRA 344

    Original Title

    924. in Re Mallare 59 SCRA 344

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    Esteban Mallare petitioned the court to reopen his case regarding his citizenship. The court originally ruled his father was not a Filipino and revoked his admission to the bar. Esteban provided new evidence including property records, identification documents, and witness testimony establishing that his mother Ana Mallare was Filipina and he was her natural child. As the natural child of a Filipina, Esteban would be considered a Filipino and entitled to citizenship rights. The court found the witness testimony about Esteban's birth and residency with his mother to be credible evidence of his illegitimate birth and Filipina heritage. Therefore, the court dismissed the original complaint and definitively ruled that Esteban Mallare was Filipino.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    38 views1 page

    in Re Mallare 59 SCRA 344

    Uploaded by

    Per-Vito Dans
    Esteban Mallare petitioned the court to reopen his case regarding his citizenship. The court originally ruled his father was not a Filipino and revoked his admission to the bar. Esteban provided new evidence including property records, identification documents, and witness testimony establishing that his mother Ana Mallare was Filipina and he was her natural child. As the natural child of a Filipina, Esteban would be considered a Filipino and entitled to citizenship rights. The court found the witness testimony about Esteban's birth and residency with his mother to be credible evidence of his illegitimate birth and Filipina heritage. Therefore, the court dismissed the original complaint and definitively ruled that Esteban Mallare was Filipino.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    FACTS: A Tagalog would normally detect if a person hails from the same region

    The Court ordered an investigation on the citizenship of Florencio Mallre even from the way the latter speaks. Considering that the witnesses
    who was admitted to the Phil bar (in 1962) for the purpose of determining testified having known, and lived with, Ana Mallare in Macalelon, their
    whether his name should be stricken from the roll of attys. Investigation declaration that she is a Tagalog should receive a high degree of credibility.
    showed his parents were Chinese, so the Court revoked his admission to the
    bar & ordered return of his lawyer’s diploma. The public reputation in Macalelon that Esteban was Ana's natural child,
    testified to by the witnesses, constitutes proof of the illegitimacy of
    Respondent petitioned for reopening of the case and for new trial on the Esteban.
    ground of newly discovered evidence which would alter the Court’s
    Esteban Mallare, natural child of Ana Mallare, a Filipina, is therefore himself
    decision.
    a Filipino, and no other act would be necessary to confer on him all the
    - Contract of Sale of property rights and privileges attached to Philippine citizenship. Neither could any act
    - Cancellation of Alien Certificate taken on the erroneous belief that he is a non-Filipino divest him of the
    - Immigration ID – citizen of Philippines and Legit son of Esteban citizenship privileges to which he is rightfully entitled.
    - Affidavit showing he is a registered voter
    Esteban’s exercise of the right of suffrage when he came of age, constitutes
    - Philippine Passport
    - Baptismal Registry – Esteban was a natural child of a Filipina a positive act of election of Philippine citizenship.
    - Witnesses to corroborate his claim of citizenship

    ISSUE:
    WON, Esteban Mallare (father) is Filipino.

    HELD:
    Yes. The decision of this Court is hereby definitely set aside, and the
    complaint in this case is DISMISSED.

    The witnesses presented had personal knowledge of the person, birth and
    residency of both Ana Mallare and her son Esteban. Such declarations
    constitute admissible evidence of the birth and illegitimacy of Esteban
    Mallare. Reputation has been held admissible as evidence of age, birth,
    race, or race-ancestry, and on the question of whether a child was born
    alive. The public reputation in Macalelon that Esteban was Ana's natural
    child, testified to by the witness, would constitute proof of the illegitimacy
    of the former. Besides, if Estaban were really born out of legal union, it is
    highly improbable that he would be keeping the surname "Mallare" after his
    mother, instead of adopting that of his father.

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