Legal & Judicial Ethics, 2011 Bar — Question 4

MULTIPLE CHOICE

Lee became a lawyer in 1988 under a claim that he is a Filipino like his parents. Efren sought Lee's disbarment on the ground that he really is a Chinese. To prove he is a Filipino, Lee cited an Albay regional trial court's final judgment in an action to recover real property which mentioned his citizenship as Filipino. This final judgment resulted in the correction of his birth records in a separate special proceeding to show he is a Filipino, not Chinese as there stated. Is Lee's claim to Filipino citizenship valid? (A) No, since the mention of his citizenship in the land case was just incidental. (B) No, since those rulings were not appealed to the Supreme Court. (C) Yes, because the rulings in his favor have become final and executory. (D) Yes, since his parents are Filipinos based on what he said in his bar exam petition.

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