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REPUBLIC OF THE PHILIPPINES VS. CHULE Y. LIM

G.R.No. 153883, JANUARY 13, 2004, Political Law 1

FACTS:


Respondent Chule Lim was an illegitimate child of a Chinese father and a Filipino Mother. She filed a petition to the court for correction of four erroneous entries in her birth certificate, to wit among others: 1. Her nationality was entered as Chinese when it should have been Filipino, and 2. That she was a legitimate child when it should have been described as illegitimate considered that her parents were never married. 
Trial court granted the petition sought by respondent to set the records straight and in their proper perspective, however, herein petitioner filed an appeal specifically on the correction of her citizenship not being complied with the legal requirements for election of citizenship as the Prosecutor contends that Lim’s father was a Chinese, that she acquired her father’s citizenship pursuant to 1935 Constitution in place when she was born, that she never elected Filipino citizenship when she reach the age of majority.

ISSUE:

Whether Chule Lim is not a Filipino citizen and that she needs to elect Filipino citizenship upon reaching the age of majority.

HELD:

The Constitutional and Statutory requirements of electing Filipino citizenship apply only to legitimate children, these do not apply in the case of respondent who was concededly an illegitimate child considering that her Chinese Father and her Filipino Mother were never married. As such, she was not required to comply with the said constitutional and statutory requirements to become a Filipino citizen. By being an illegitimate child of a Filipino mother, respondent automatically become a Filipino upon birth. She is a Filipino since birth without having to elect Filipino citizenship when she reached the age of majority.

Furthermore, the exercise of the right of suffrage and the participation in election exercises constitute a positive act of election of Philippine citizenship. The records show that respondent elected Filipino citizenship when she reached the age of majority when she registered as a voter in Misamis Oriental when she was 18 years old.

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