Republic vs Chule Lim GR 153883

ISSUE:  Whether or not Lim complied with the legal requirement in electing her citizenship 

FACTS:  Chule Y. Lim filed a petition for correction of entries under Rule 108 of the Rules of Court with the Regional Trial Court of Lanao del Norte. She claimed that she was born on 29 October 1954 in Buru-an, Iligan City. Her birth was registered in Kauswagan, Lanao del Norte but the Municipal Civil Registrar of Kauswagan transferred her record of birth to Iligan City. The Court finding the petition sufficient in form and substance ordered the publication of the hearing of the petition. 

DECISION:  The instant petition for review is DENIED. Accordingly, the Civil Registrar of Iligan City is DIRECTED to make the following corrections in the birth record of respondent Chule Y. Lim, to wit: 1. Her family name from "YO" to "YU"; 2. Her father’s name from "YO DIU TO (CO TIAN)" to "YU DIOTO (CO TIAN)"; 3. Her status from "legitimate" to "illegitimate" by changing "YES" to "NO" in answer to the question "LEGITIMATE?"; and, 4. Her citizenship from "Chinese" to "Filipino". 

RATIO DECIDENDI:  The Republic avers that respondent did not comply with the constitutional requirement of electing Filipino citizenship when she reached the age of majority. It cites Article IV, Section 1(3) of the 1935 Constitution, which provides that the citizenship of a legitimate child born of a Filipino mother and an alien father followed the citizenship of the father, unless, upon reaching the age of majority, the child elected Philippine citizenship. Likewise, the Republic invokes the provision in Section 1 of Commonwealth Act No. 625, that legitimate children born of Filipino mothers may elect Philippine citizenship by expressing such intention “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. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines.”