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    Valles v. COMELEC and Ybasco Lopez (2000) (Case Digest)

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    Cody Damian
    1) Cirilo Valles challenged Rosalind Ybasco Lopez's eligibility to run for governor of Davao Oriental, claiming she had Australian citizenship. 2) The lower courts ruled against Valles' petition. He appealed to the Supreme Court. 3) The Supreme Court ruled that Ybasco Lopez was a Filipino citizen under the principle of jus sanguinis, which confers citizenship by blood, as her father was Filipino. Furthermore, she had not expressly renounced her Filipino citizenship.

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    Valles v. COMELEC and Ybasco Lopez (2000) (Case Digest)

    Uploaded by

    Cody Damian
    125 views2 pages
    1) Cirilo Valles challenged Rosalind Ybasco Lopez's eligibility to run for governor of Davao Oriental, claiming she had Australian citizenship. 2) The lower courts ruled against Valles' petition. He appealed to the Supreme Court. 3) The Supreme Court ruled that Ybasco Lopez was a Filipino citizen under the principle of jus sanguinis, which confers citizenship by blood, as her father was Filipino. Furthermore, she had not expressly renounced her Filipino citizenship.

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    Valles v. COMELEC and Ybasco Lopez [2000] (Case Digest)

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    1) Cirilo Valles challenged Rosalind Ybasco Lopez's eligibility to run for governor of Davao Oriental, claiming she had Australian citizenship. 2) The lower courts ruled against Valles' petition. He appealed to the Supreme Court. 3) The Supreme Court ruled that Ybasco Lopez was a Filipino citizen under the principle of jus sanguinis, which confers citizenship by blood, as her father was Filipino. Furthermore, she had not expressly renounced her Filipino citizenship.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    125 views2 pages

    Valles v. COMELEC and Ybasco Lopez (2000) (Case Digest)

    Uploaded by

    Cody Damian
    1) Cirilo Valles challenged Rosalind Ybasco Lopez's eligibility to run for governor of Davao Oriental, claiming she had Australian citizenship. 2) The lower courts ruled against Valles' petition. He appealed to the Supreme Court. 3) The Supreme Court ruled that Ybasco Lopez was a Filipino citizen under the principle of jus sanguinis, which confers citizenship by blood, as her father was Filipino. Furthermore, she had not expressly renounced her Filipino citizenship.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Case Name Cirilo R. Valles v.

    Commission on Elections and Rosalind Ybasco Lopez


    Case Citation G.R. No. 137000
    Operative Facts
    Cirilo Valles, petitioner, is the rival candidate of Rosalind Ybasco
    Clear and brief summary of
    relevant facts
    Lopez, respondent for the position of governor for Davao Oriental in the
    May 11, 1998 elections. According to Valles, Ybasco Lopez is not
    eligible for re-election because she is of Australian citizenship. Ybasco
    Lopez’s father is a Filipino citizen, while her mother is an Australian.
    She was born on May 16, 1934 in Broome, Western Australia but left
    when she was fifteen to settle in the Philippines.

    Procedural Facts
    Undaunted by the unfavorable rulings of the lower courts, Valles filed
    How did the action get to
    the current court
    for a petition for certiorari under Rule 65 assailing Resolutions dated
    July 17, 1998 and January 15, 1999 of the COMELEC in SPA No. 98-
    336.

    Issue

    What is the question being Is Rosalind Ybasco Lopez considered a Filipino citizen?
    presented to the court?

    Short
    Yes, Rosalind Ybasco Lopez is a Filipino citizen under the principle of
    Answer/Holding jus sanguinis (confers citizenship by virtue of blood relationship) 
    subsequently retained under the 1973 and 1987 Constitutions.
    Court’s answer to the issue
    Law

    What is the rule the court is


    using
    According to the case, “The Philippine law on citizenship adheres to the
    principle of jus sanguinis”, wherein, the nationality of the child follows
    that of his/her parents, regardless of the place of his/her birth. Moreover,
    the Court also used The Philippine Bill of 1902 and the Jones Law,
    which were the laws effective during the time of birth of Ybasco Lopez.

    Rationale According to the Court, under both organic acts, the private respondent’s
    father, Telesforo Ybasco is a certified citizen of the Philippines. Thus,
    How did the court apply the under both laws, the daughter of Telesforo Ybasco, Rosalind Ybasco
    law to the facts of the case
    Lopez, “likewise a citizen of the Philippine laws”. Not only that, but the
    allegations of the petitioner that the respondent applied for issuance of
    an Immigrant Certificate of Residence is bereft of merit because under
    Commonwealth Act No. 63, renunciation of a citizenship must be
    express. Finally, the Court stated that, “The filing of a certificate of
    candidacy sufficed to renounce foreign citizenship, effectively removing
    any disqualification as a dual citizen”.

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