Balgamelo Cabiling vs Commissioner Fernandez

SUBJECT:

CONSTITUTIONAL LAW I

TOPIC:

ELECTION OF PHILIPPINE CITIZENSHIP: FAILURE TO COMPLY REGISTRATION REQUIREMENTS

TITLE:

BALGAMELO CABILING MA, et al VS. COMMISSIONER FERNANDEZ

CITATION:

G.R. NO. 183133 JULY 26, 2010

FACTS:

Balgamelo Cabiling Ma (Balgamelo), Felix Cabiling Ma, Jr. (Felix, Jr.), Valeriano Cabiling Ma (Valeriano), Lechi Ann Ma (Lechi Ann), Arceli Ma (Arceli), Nicolas Ma (Nicolas), and Isidro Ma (Isidro) are the children of Felix (Yao Kong) Ma, a Taiwanese, and Dolores Sillona Cabiling, a Filipina.

They were all raised in the Philippines and have resided in the country for almost sixty (60) years. They spent their whole lives, studied and received their primary and secondary education in the country. They do not speak nor understand the Chinese language, have not set foot in Taiwan, and do not know any relative of their father. They have not even traveled abroad and they have already raised their respective families in the Philippines.

During their age of minority, they secured from the Bureau of Immigration their Alien Certificates of Registration (ACRs). Immediately upon reaching the age of twenty one, they claimed Philippine citizenship in accordance with Section 1(4), Article IV, of the 1935 Constitution, which provides that those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship are citizens of the Philippines.

Having taken their oath of allegiance as Philippine citizens, petitioners, however, failed to have the necessary documents registered in the civil registry as required under Section 1 of Commonwealth Act No. 625 (An Act Providing the Manner in which the Option to Elect   Philippine Citizenship shall be Declared by a Person whose Mother is a Filipino Citizen). Citizen). It was only on July 27, 2005 or more than thirty (30) years after they elected Philippine citizenship that they did so.

ISSUE:

Whether or not the petitioners are considered Filipino citizens or foreign nationals subject to deportation as undocumented aliens.

RULING:

The petitioners are Filipino citizens.

According to Section 1 of Commonwealth Act No. 625 (An Act Providing the Manner in which the Option to Elect  Philippine Citizenship shall be Declared by a Person whose Mother is a  Filipino Citizen) the statutory formalities of electing Philippine citizenship are: 1) a statement of election under oath, 2) an oath of allegiance to the Constitution and Government of the Philippines and 3) registration of the statement of election and of the oath with the nearest civil registry.

In the case at bar, though the petitioners failed to register their election of Philippine citizenship in the civil registry, the court held that it should not defeat the election and negate the permanent fact that they have a Filipino mother. They are considered to be Filipino citizens upon their election of such citizenship as registration is not a mode of acquiring a right. It is just a means of confirming the fact that citizenship has been claimed.

The court further held that the lacking requirement may still be complied with subject to the imposition of appropriate administrative penalties.