Digest Author: Albert Dale Kilosbayan vs. Ermita, G.R.

177721 Petition: (Rule 65 Certiorari, and injunction) Petitioner: KILOSBAYAN FOUNDATION AND BANTAY KATARUNGAN FOUNDATION Respondent: EXECUTIVE SECRETARY EDUARDO R. ERMITA; SANDIGANBAYAN JUSTICE GREGORY S. ONG Ponente: Azcuna Date: 3 July 2007 Facts:

Gregory Ong, appointment to the vacant position of SC Associate Justice is announced. Plaintiffs appealed on grounds that petitioner is not a natural born Filipino Citizen. Respondent responded by producing evidence that his father was naturalized when he was 11, so he was in effect also naturalized DOJ and Bureau of Immigration recognized him as a natural-born citizen - certification Ong presented as proof of his status.

Pertinent laws/provisions: (Republic Act No. 9048 Section 2 (3)) "Clerical or typographical error" ...can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, status or sex of the petitioner.

(Section 7 (1) of Article VIII of the 1987 Constitution) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines." (Sec. 2 of Art. IV of the 1987 Constitution) natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine Citizenship

Issues: 1. Whether Ong is a natural born citizen. Ruling: 1. NO. Need Judicial proceedings under Rules of Court rule 108. Ratio Decidendi: 1. Administrative proceedings alone cannot change the significant entries in ones records, such as ones citizenship status in his/her birth certificate. The court decided that evidence to prove that Ong is indeed a natural born citizen need to be heard before court to prove it. Until he does otherwise, however, he is recognized as a naturalized citizen. Disposition: petition is granted as one of injunction directed against Ong, who is enjoined from accepting an appointment to the position of Associate Justice of the Supreme Court or assuming the position and discharging the functions of that office, until he successfully completed all necessary steps to show that he is a natural-born Filipino citizen and correct the records of his birth and citizenship Principles: Appointments and qualifications