Petitioners: EL PUEBLO DE FILIPINAS

Respondents: PEDRO MARCAIDA

G.R. No: L-953

SCRA Location: 79 PHIL 283

Date:

Facts:
Respondent appeals for the decision of lower court finding him guilty of treason. He was
allegedly helping Japanese occupants in arresting Filipinos thought to be guerillas. He
contends that he should not be tried by the court on account that his nationality and
citizenship are undetermined, citing previous cases under the doctrine of stare decisis
where a limitation on the application of jus soli for citizenship was established.
Issue:
Whether or not there was enough proof that Pedro Marcaida is a Filipino citizen.
Ruling:
According to the Supreme Court, the accuseds name and surname may be Filipino,
Spanish or South American. There is no proof who was resident of the Philippines and
Spanish subdito on April 11, 1899. If he was resident and was not Spanish subdito could
not acquire Filipino citizenship because continuaria still foreign.
If it was Spanish subdito and brewed in the Philippines on April 11, 1899, automatically
became a filipino citizen unless you have chosen to retain the Spanish citizenship; but as
there is no evidence in this regard, the presuncion which is filipino.
If born after April 11, 1899, of parents who were Spanish subjects follow the nationality
of those: Spanish, if their parents have sought to retain their loyalty to the Crown of
Spain, and filipino, if they chose to lose it. There is no evidence presented in one way or
another: can then be Spanish or filipino.
If born after April 11, 1899 of Filipino parents is Filipino.
It may happen that he was descendant of a South American that has been established in
the province of Quezon, after the signing of the Treaty of Paris; If her father did not want
to benefit from the provisions of the Naturalization Act, then the accused is a foreigner:
is the nationality of his father.
If it is a descendant of a Spanish citizen that has started to reside in the Philippines after
the Treaty of Paris, continuaria be Spanish unless it has naturalized. Nor is there
evidence in this regard; then it is Spanish, foreign.

Khristine Tiu