Court of Appeals upholds citizenship of Sandiganbayan Justice Ong

MANILA, Philippines - Sandiganbayan Associate Justice Gregory Ong is a natural-born Filipino citizen, the Court of Appeals ruled yesterday.

In upholding Judge Leoncio Janolo Jr. of Pasig Regional Trial Court Branch 264, the CA said petitioner Ferdinand Topacio could no longer oppose the lower court’s decision declaring Ong a natural born Filipino because it has become final and executory.

“The citizenship problem of herein private respondent Ong was a much-publicized issue that caught the attention of the legal community, if not practically the entire nation, and this should have alerted the petitioner to be more vigilant in protecting his so-called interest by filing his opposition on time,” read the CA decision.

If Topacio wanted to protect the public interest, he should have filed the petition seeking to restrain Ong from assuming his post until he has proven through court proceedings that he is a natural-born Filipino citizen, the CA said.

In declaring Ong a natural-born Filipino, the Pasig court ordered the Local Civil Registrar of Manila to correct Ong’s record of birth and citizenship.

Topacio filed his opposition only after the decision was already rendered, according to the Pasig court.

Convinced that the lower court erred in dismissing his opposition, Topacio brought the case before the CA.

However, the CA ruled that the Pasig court did not err in recognizing Ong as a natural-born Filipino citizen.

“Consequently, a final and executory judgment ‘becomes immutable and unalterable,” read the CA decision.

“It may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law, and regardless of whether the modification is attempted to be made by the court rendering it or by the highest court of the land.”

Meanwhile, lawyer Jose Midas Marquez, Supreme Court spokesman, said Ong has to wait for the SC’s final resolution of his case before he can re-apply for a vacancy in the SC.

“It is not yet final and executory,” he said.

“It will still go up to the SC for final resolution.”

Ong was nominated by the Judicial and Bar Council and later appointed by President Arroyo in May 2007 to the SC to replace retired Associate Justice Romeo Callejo Sr.

However, Malacañang recalled Ong’s appointment after the SC stopped him on July 3, 2007 from accepting his

designation as SC associate justice until he has proven through court proceedings that he is a natural-born Filipino citizen.

Associate Justice Andres Reyes Jr. wrote the CA decision.