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COMMON REPUTATION

IN RE: FLORENCIO MALLARE

FACTS:

Ct ordered an investigation on the citizenship of

Florencio Mallre who was admitted to the Phil bar (in1962) for the purpose of determining whether his nameshld be stricken from the roll of attys

Investigation showed his parents were Chinese, so

the Ct revoked his admission to the bar & ordered returnof his lawyers diploma MFR denied

Respondent petitioned for reopening of the case &for new trial on the ground of newly discovered evidencewc wld alter the Cts decision

Evidence was:

Entry in the registry of baptism of the Immaculate

Concepcion Church purporting to show that his dad,Esteban Mallare, was the natural son of Ana Mallare,a Filipino

Testimonies of person who had known Esteban & his

mom during their lifetime

Ct granted the petition

(im including this in case maam asks bec its evidence)

Evidence of the Commissioner of Immigration:

Opinions of the Secretary of Justice stating that

respondent & his siblings failed to establish their claim toPhilippine citizenship;

death certificate of Esteban Mallare - he was

reported to be Chinese;

birth certificates of respondent & his siblings wc said

their dad was Chinese & that resp was Chinese

records of Civil Case No. 329-G and Special

Proceeding No. 3925, both of the CFI of Quezon; and

respondent's alien certificate of registration, dated

August 25, 1950

Evidence of Mallare:

CFI decision in Civil Case No. 329-G upholding the

validity of a contract of sale, the vendees therein(including respondent) being citizens of the Philippines;

order by the Acting Commissioner of Immigration,

canceling his alien certificate of registration on thestrength of the court's decision in Civil Case No. 329-G;

identification certificate No. 11712 issued by the

Bureau of Immigration, declaring him a citizen of thePhils by birth being the legitimate son of Esteban Mallare,a Filipino citizen as per order of this office

final order of the CFI in Special Proceedings No.

3925, ordering the Municipal Treasurer of Macalelon,

Quezon, to correct the entry in the Registry of Birth bookof the municipality by changing his nationality from"Chinese" to "Filipino";

his affidavit showing him to be a registered voter of

Macalelon, Quezon;

his passport showing that he is a citizen of the

Philippines;

opinion of the SolGen recognizing him as a Filipino

citizen;

landing certificate of Te Na (his mom) where she was

certified as "wife of P.I. citizen";

certification by the municipal treasurer of Macalelon

Quezon that Esteban Mallare was registered in theRegistry List of Voters; and

entry in the baptismal registry of the Immaculate

Concepcion Church at Macalelon, Quezon, purporting toshow that Esteban Mallare was the natural child of AnaMallare, a Filipina.

(relevant fact) He also presented residents o

Macaleon, Quezon:

Damiana Cabangon: she attended to Ana Mallareduring her delivery when Esteban was born, waspresent when he was baptized, that Ana lived inMacaleon & known to be unmarried & never meEstebans dad (Mr. Dy)

Rafael Catarroja: he knew Esteban as a child, that he

lived w his mom a Tagalog, who was cohabiting w aChinese, that Esteban started voting in 1934 & was 1of his campaign leaders when he ran for mayor

Salomon Gimenez: that Esteban campaigned for his

rival candidate in an election, he wanted to disqualifyEsteban but a judge said it wldnt prosper since hismom wsnt married to his Chinese dad

Joaquin Enobal: he was the classmate & playmate o

Esteban, he never saw the husband of Ana Mallarethat she was a Tagalog

I: WON Esteban Mallare was Filipino. He was, thus resp isalso Filipino

Reasons for the April 29 decision: (why they said hewasnt Filipino)

Lack of evidence proving Phil citizenship of respsdad

Cldnt consider Ana Mallare as Filipino, since no prooshe was an inhabitant of the Phils continuing to

reside there who as w a Spanish subj on April 11,1899

The landing certificate issued by the Bureau o

Immigration was based on an ex parte determinationof evidence so little evidentiary weight

Affidavit of Esteban wc showed he chose to follow

the citizenship of his Filipino mom was self-serving &cant be considered a re-affirmation of the allegedelection of citizenship bec no previous election wasproven to exist

But bec of the addtl evidence presented thedecision shld be set aside

The witnesses had personal knowledge of the

person, birth, residency of Ana Mallare & Esteban

They all said she was a Tagalog who continuouslylived in Macalelon

That Esteban was born out of wedlock

these declarations constitute admissible evidence o

the birth and illegitimacy of Esteban Mallare Reputation has been held admissible as evidence o

age, birth, race, or race-ancestry, and on thequestion of whether a child was born alive.

Unlike that of matters of pedigree, genera

reputation of marriage may proceed from persons

who are not members of the family, the reason forthe distinction is the public interest that is taken inthe question of the existence of marital relations.

the public reputation in Macalelon that Esteban was

Ana's natural child, testified to by the witnessesconstitutes proof of the illegitimacy of Esteban

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and if Esteban was really born out of legal union, its

improbable that he wld keep using his motherssurname & not his dads

cant be said that the testimony of the witnesses aremere conclusions devoid of evidentiary value

the declarations were based on reputation in thecommunity regarding her race/race-ancestry (wc isadmissible) & must have certain factual basiso each region has certain characteristics of its own

a Tagalog wld detect if the person is from thesame region thru their speech

since Esteban is Filipino, no act is necessary toconfer on him all the rights & privileges attached to Philcitizenship & neither can any act divest him of such

even if Ana Mallare were legally married to an alien,Estebans exercise of the right of suffrage is a positive actof election of Phil citizenship

regarding the death & birth certificat6es & the

application of resp for alien registration:

these are public, thus their entries are presumed to

be correct but its disputable & yields to evidenceshowing their inaccuracy

death certificate: eldest son of Esteban supposedly

gave the data but he said was 16 when his dad died(dont know how this proves the entry is wrong?!)

birth certificates: entries were based on info given bya midwife who ddnt have knowledge of the actualplace of birth & citizenship of Esteban & for resp, itwas the hilot; wrt the sister, no proof Estebanreally gave the info

registration of resp: this was secured by his momwho believed that when Esteban died, she & her kidsreverted to Chinese citizenship

even assuming these documents were prepared wknowledge & consent of resp or his parents, on theerroneous belief that Esteban wasnt Filipino = this wldntcause loss or forfeiture of Phil citizenship wc he got from

his mom discrepancy in testimonies of witnesses loses

significance based on the evidence shown that Esteban isthe natural child of Ana Mallare