David Vs Agbay

RENATO M. DAVID v. EDITHA A. AGBAY, GR No.
199113, 2015-03-18
Facts:
In 1974, petitioner migrated to Canada where he became a Canadian citizen by
naturalization. Upon their retirement, petitioner and his wife returned to the Philippines...
they purchased a 600-square meter lot along the beach in Tambong, Gloria, Oriental
Mindoro... where they constructed a residential house... in the year 2004, they came to
know that the portion where they built their house is public land and part of the salvage
zone.
filed a Miscellaneous Lease Application[3] (MLA) over the subject land with the Department
of Environment and Natural Resources (DENR) at the Community Environment and Natural
Resources Office (CENRO) in Socorro. In the said... application, petitioner indicated that he
is a Filipino citizen.
Agbay opposed the application on the ground that petitioner, a Canadian citizen, is
disqualified to own land. She also filed a criminal complaint for falsification of public
documents... petitioner re-acquired his Filipino citizenship under the provisions of Republic
Act No. 9225... petitioner averred that at the time he filed his application, he had intended to
re-acquire Philippine citizenship and that he had been assured by a CENRO officer that he
could declare himself as a Filipino. He further alleged that he bought the property from the
Agbays who misrepresented to him that the subject property was titled land and they have
the right and authority to convey the same. The dispute had in fact led to the institution of
civil and criminal suits between him and private respondent's family.
finding probable cause to indict petitioner for violation of Article 172 of the RPC and
recommending the filing of the corresponding information in... court.
CENRO issued an order rejecting petitioner's MLA. It ruled that petitioner's subsequent re-
acquisition of Philippine citizenship did not cure the defect in his MLA which was void ab
initio... the presence of the elements of the crime of falsification of public document suffices
to warrant indictment of the petitioner notwithstanding the absence of any... proof that he
gained or intended to injure a third person in committing the act of falsification... filed before
the MTC... a warrant of arrest was issued... against the petitioner.
petitioner elevated the case to the RTC via a petition[15] for certiorari under Rule 65,
alleging grave abuse of discretion on the part of the MTC. He asserted that first, jurisdiction
over the person of an accused cannot be a... pre-condition for the re-determination of
probable cause by the court that issues a warrant of arrest
RTC issued the assailed Order denying the petition for certiorari after finding no grave
abuse of discretion committed by the lower court
Issues:
in seeking an affirmative relief from the MTC when he filed his Urgent Motion for Re-
determination of Probable Cause, petitioner is deemed to have submitted his person to
the... said court's jurisdiction by his voluntary appearance... the MTC... properly denied
petitioner's motion for re-determination of probable cause on the ground of lack of
jurisdiction over the person of the accused (petitioner).
Ruling:
contentions have no merit... petitioner was naturalized as a Canadian citizen prior to the
effectivity of R.A. 9225, he belongs to the first category of natural-born Filipinos under the
first paragraph of Section 3 who lost Philippine citizenship by naturalization in a foreign
country. As... the new law allows dual citizenship, he was able to re-acquire his Philippine
citizenship by taking the required oath of allegiance
Section 2 declaring the policy that considers Filipinos who became foreign citizens as not to
have lost... their Philippine citizenship, should be read together with Section 3, the second
paragraph of which clarifies that such policy governs all cases after the new law's effectivity.
Courts adopt an interpretation more favorable to the accused following the time-honored
principle that penal statutes are construed strictly against the State and liberally in... favor of
the accused.[23] R.A. 9225, however, is not a penal law.
Petitioner made the untruthful statement in the MLA, a public document, that he is a Filipino
citizen at the time of the filing of said application, when in fact he was then still a Canadian
citizen. Under CA 63, the governing law at the time he was naturalized as Canadian...
citizen, naturalization in a foreign country was among those ways by which a natural-born
citizen loses his Philippine citizenship. While he re-acquired Philippine citizenship under
R.A. 9225 six months later, the falsification was already a consummated act, the said law
having... no retroactive effect insofar as his dual citizenship status is concerned. The MTC
therefore did not err in finding probable cause for falsification of public document under
Article 172, paragraph 1.
jurisdiction over the person of the accused is deemed waived when he files any pleading
seeking an affirmative relief, except in cases when he invokes the special jurisdiction of the
court by impugning such jurisdiction over his person
Considering that petitioner sought affirmative relief in filing his motion for re-determination of
probable cause, the MTC clearly erred in stating that it lacked jurisdiction over his person.
Notwithstanding such erroneous ground stated in the MTC's order, the RTC correctly...
ruled that no grave abuse of discretion was committed by the MTC in denying the said
motion... petition is DENIED

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RENATO M. DAVID v. EDITHA A. AGBAY, GR No.

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