David v.
Agbay and People WON David may be indicted for falsification for representing
GR 199113 | March 18, 2015 | Villarama, J. himself as a Filipino despite subsequently reacquiring
Philippine citizenship – YES.
DOCTRINE: Jurisdiction over the person of the accused is The act of Falsification was already indicted and
deemed waived when he files any pleading seeking an subsequent reacquisition of citizenship does not work to
affirmative relief, except in cases when he invokes the special cure the deed. There are 2 classifications under RA 9225:
jurisdiction of the court by impugning such jurisdiction over his (1) Those who were naturalized in a foreign country
person. before the enactment of RA 9225; and (2) Those who
acquired foreign citizenship after the enactment of RA
FACTS 9225. Those in (1) reacquire their Philippine citizenship
- In 1974, Renato David migrated to Canada where he under RA 9225, while those in (2) retain their Philippine
became a Canadian citizen by naturalization. Upon citizenship. David belongs in group (1).
retirement, he and his wife returned to the Philippines. Thus, at the time that he misrepresented himself as a
- In 2000, they purchased a 600sq.m. lot along the beach in Filipino, he was still of foreign citizenship and RA 9225
Oriental Mindoro where they constructed a residential does not work to retroactively grant him Philippine
lot. In 2004, they came to know that a portion where they citizenship and undo his deed. The falsification had
built their house is public land already been consummated long before he reacquired
- April 12, 2007, David filed a Miscellaneous Lease Philippine citizenship.
Application (MLA) over the subject land with the DENR at Also, petitioner’s argument that penal laws should be
the Community Environment and Natural Resources construed in favor of accused was misplaced as RA 9225
Office (CENRO). In said application, he indicated that he was not a penal law
was a Filipino citizen
- Edna Agbay opposed the application because petitioner, WON MTC properly denied petitioner’s motion for re-
a Canadian citizen, was disqualified to own land. She also determination of probable cause on the ground of lack of
filed a criminal complaint for Falsification of Public jurisdiction over person of accused. – NO.
Documents under RPC Art 172 Custody of law is not required for adjudication of reliefs
- October 11, 2007: David reacquired his Philippine other than application for bail.
citizenship Jurisdiction over the person of the accused is deemed
- Office of the Provincial Prosecutor found probable cause waived when he files any pleading seeking an affirmative
to indict David for violation of RPC Art 172. David relief, except in cases when he invokes the special
challenged resolution in petition for review filed before jurisdiction of the court by impugning such jurisdiction
DOJ over his person.
- In the meantime, CENRO rejected David’s MLA, ruling Considering that David sought affirmative relief in filing his
that his subsequent reacquisition of Filipino citizenship motion for redetermination of probable cause, the MTC
did not cure the defect and that his MLA was void ab initio clearly erred in stating that it lacked jurisdiction over his
- DOJ denied the petition for review and an information person.
was subsequently filed with the MTC and a warrant of
arrest was issued against petitioner RULING: Petition is DENIED. RTC Order AFFIRMED.
- David filed an Urgent Motion for Re-Determination of
Probable Cause in MTC
- Since the crime for which petitioner was charged was
alleged to have been committed before David has
reacquired his Philippine citizenship, the MTC concluded
that he was at that time still a Canadian citizen and
dismissed the case for lack of jurisdiction over the
person. David filed motion for reconsideration, but such
was denied.
- RTC denied David’s petition for certiorari, finding no grave
abuse of discretion.
- Hence, this petition for review under Rule 45.
ISSUES
