REPUBLIC OF THE PHILIPPINES VS. NORRA PE SAGUN

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REPUBLIC OF THE PHILIPPINES VS. NORRA PE SAGUN

G.R.NO. 187567. FEBRUARY 15, 2012. Political Law 1

FACTS:


Nore Fe Sagun is the legitimate child of Albert Chan a Chinese national and Marta Borromeo,  a Filipino Citizen, She was born on August 1959 in Baguio city and did not elect Philippine citizenship upon reaching the age of majority. In 1992, at the age of 33 an after getting married to Alex Sagun, she executed an oath of Allegiance to the Republic of the Philippines. Said document was notarized by Atty. Leugoon but was not recorded and registered with the Local Civil Registrar.

IN 2005, respondent applied for a Philippine passport. Her application was denied because of the citizenship of her father and there being no annotation in her birth certificate that the elected Philippine citizenship. She sought judicial declaration of her election of Philippine citizenship averring that she was raised  as Filipino and she is a registered voter in Baguio city, that by virtue of her positive act effectively elected Philippine citizenship and such fact should be annotated on her record of birth. Trial court granted that petition and declared respondent as a Filipino citizen, and directed the Local Civil Registrar of Baguio City to annotate on her birth certificate, the Judicial declaration of Filipino citizenship of said petitioner.

Office of the Solicitor General assailed the judgment that the respondent executed an oath of allegiance but not an affidavit of her election of Philippine citizenship. Further, the oath of her election of Philippine citizenship. Furthermore, the oath of allegiance was executed when she was already 37 years old or 12 years after she reached the age of majority.

ISSUE:


Whether respondent has effectively Philippine citizenship in accordance with the procedure by law.

HELD:


No. Under our laws, there can be no action or proceeding for the Judicial declaration of Citizenship. It is a settled rule that only legitimate children follow the citizenship of the father and that illegitimate children are under the parental authority of the mother and follow her nationality, being a legitimate child, respondent’s citizenship followed that of her father who is a Chinese, unless upon reaching the age of majority, she elects Philippine citizenship, hence in the case of respondent, for her to be considered a Filipino citizen, she must have validly elected Philippine citizenship upon reaching the age of majority.

Procedure in making a valid Election of Philippine Citizenship Commonwealth Act No. 625 prescribed the procedure to make a valid Election of citizenship, to wit: Article IV section 1 Subsection 4 of the constitution provides that said election shall be expressed in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest Civil Registry. Said party shall accompany the aforementioned statement with the Oath of Allegiance to the Constitution and the Republic of the Philippines. Hence, the statutory requirements for electing Philippine Citizenship are: 1. Statement of election under oath; 2. An oath of Allegiance to the Constitution and the Republic, and 3. Registration of the first 2 requirements above with the nearest civil registry. Furthermore, under C.A No. 625, the law requires compliance with Alien Registration Act no. 1950 that is before a person can elect Filipino Citizenship and execute the above requirements, he shall first register herself as an alien and the person electing Philippine citizenship file a petition for cancellation of his Alien Certificate of Registration with the Bureau of Immigration based on his his aforementioned election of Philippine Citizenship and said office will initially decide, based on evidence presented, the validity or invalidity of said election. Afterward, the same is elevated to the Department of Justice for final determination and review.

The mere exercise of suffrage, continuous and uninterrupted stay in the Philippines, and other similar acts showing the exercise of Philippine citizenship cannot take the place of election of the same since the law specifically lays down the requirements for acquisition of citizenship.

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