In Re.

Mallare
FACTS: On complaint filed by Martiniano P. Vivo, acting as Immigration Commissioner, , this
Court ordered the investigation of the matter of citizenship of Florencio Mallare, who was
admitted to the Philippine Bar on March 5, 1962, for the purpose of determining whether his
name should be stricken from the roll of persons authorized to practice law in the
Philippines.
After an investigation conducted by this Court's Legal Officer Investigator, a decision was
rendered by this Court on April 29, 1968, holding that by preponderance of evidence, it
appeared that respondent Mallare's father, Esteban Mallare, was a Chinese up to his death;
and his mother admittedly being a Chinese, respondent is likewise a Chinese national.
Consequently respondent Florencio Mallare was declared excluded from the practice of law;
his admission to the bar was revoked, and he was ordered to return to this Court, the
lawyer's diploma previously issued to him.

ISSUE: Whether or not the petitioners father Esteban Mallare is a Filipino citizen?
HELD: After a painstaking study of the original and additional evidences herein presented,
the Court finds sufficient grounds to warrant a definite setting aside of Our decision of April
29, 1968, and a definitive declaration that respondent Florencio Mallare is a Filipino citizen
and therefore with qualification and right to continue the practice of law in the Philippines.

(The determinative issue in this controversy, therefore, revolves around the citizenship of
respondent's father, Esteban Mallare, for if Esteban were a Filipino as respondent claims, the
latter axiomatically would also be a Filipino and the objection against his inclusion in the Roll
of Attorneys in the Philippines would lose legal basis.)