FIRST DIVISION voted in local and national elections as shown in the Voter Certification 5 issued by

Atty. Maribelle Uminga of the Commission on Elections of Baguio City.

G.R. No. 187567 February 15, 2012
She asserted that by virtue of her positive acts, she has effectively elected
THE REPUBLIC OF THE PHILIPPINES, Petitioner, Philippine citizenship and such fact should be annotated on her record of birth so as
vs. to entitle her to the issuance of a Philippine passport.
NORA FE SAGUN, Respondent.
On August 7, 2007, the Office of the Solicitor General (OSG) entered its appearance
DECISION as counsel for the Republic of the Philippines and authorized the City Prosecutor of
Baguio City to appear in the above mentioned case. 6 However, no comment was
VILLARAMA, JR., J.: filed by the City Prosecutor.

Before us is a petition for review on certiorari filed by the Solicitor General on After conducting a hearing, the trial court rendered the assailed Decision on April 3,
behalf of the Republic of the Philippines, seeking the reversal of the April 3, 2009 2009 granting the petition and declaring respondent a Filipino citizen. The fallo of
Decision1 of the Regional Trial Court (RTC), Branch 3, of Baguio City in Spcl. Pro. Case the decision reads:
No. 17-R. The RTC granted the petition2 filed by respondent Nora Fe Sagun
entitled "In re: Judicial Declaration of Election of Filipino Citizenship, Nora Fe Sagun WHEREFORE, the instant petition is hereby GRANTED. Petitioner Nora Fe Sagun y
v. The Local Civil Registrar of Baguio City." Chan is hereby DECLARED [a] FILIPINO CITIZEN, having chosen or elected Filipino
citizenship.
The facts follow:
Upon payment of the required fees, the Local Civil Registrar of Baguio City is hereby
Respondent is the legitimate child of Albert S. Chan, a Chinese national, and Marta directed to annotate [on] her birth certificate, this judicial declaration of Filipino
Borromeo, a Filipino citizen. She was born on August 8, 1959 in Baguio City 3 and did citizenship of said petitioner.
not elect Philippine citizenship upon reaching the age of majority. In 1992, at the
age of 33 and after getting married to Alex Sagun, she executed an Oath of IT IS SO ORDERED.7
Allegiance4 to the Republic of the Philippines. Said document was notarized by Atty.
Cristeta Leung on December 17, 1992, but was not recorded and registered with Contending that the lower court erred in so ruling, petitioner, through the OSG,
the Local Civil Registrar of Baguio City. directly filed the instant recourse viaa petition for review on certiorari before us.
Petitioner raises the following issues:
Sometime in September 2005, respondent applied for a Philippine passport. Her
application was denied due to the citizenship of her father and there being no I
annotation on her birth certificate that she has elected Philippine citizenship.
Consequently, she sought a judicial declaration of her election of Philippine Whether or not an action or proceeding for judicial declaration of
citizenship and prayed that the Local Civil Registrar of Baguio City be ordered to Philippine citizenship is procedurally and jurisdictionally permissible; and,
annotate the same on her birth certificate.
II
In her petition, respondent averred that she was raised as a Filipino, speaks Ilocano
and Tagalog fluently and attended local schools in Baguio City, including Holy Family Whether or not an election of Philippine citizenship, made twelve (12)
Academy and the Saint Louis University. Respondent claimed that despite her part- years after reaching the age of majority, is considered to have been made
Chinese ancestry, she always thought of herself as a Filipino. She is a registered "within a reasonable time" as interpreted by jurisprudence.8
voter of Precinct No. 0419A of Barangay Manuel A. Roxas in Baguio City and had
Petitioner argues that respondent’s petition before the RTC was improper on two Court and jurisprudence; (2) whether respondent has effectively elected Philippine
counts: for one, law and jurisprudence clearly contemplate no judicial action or citizenship in accordance with the procedure prescribed by law.
proceeding for the declaration of Philippine citizenship; and for another, the
pleaded registration of the oath of allegiance with the local civil registry and its The petition is meritorious.
annotation on respondent’s birth certificate are the ministerial duties of the
registrar; hence, they require no court order. Petitioner asserts that respondent’s At the outset, it is necessary to stress that a direct recourse to this Court from the
petition before the trial court seeking a judicial declaration of her election of decisions, final resolutions and orders of the RTC may be taken where only
Philippine citizenship undeniably entails a determination and consequent questions of law are raised or involved. There is a question of law when the doubt
declaration of her status as a Filipino citizen which is not allowed under our legal or difference arises as to what the law is on a certain state of facts, which does not
system. Petitioner also argues that if respondent’s intention in filing the petition is call for an examination of the probative value of the evidence presented by the
ultimately to have her oath of allegiance registered with the local civil registry and parties-litigants. On the other hand, there is a question of fact when the doubt or
annotated on her birth certificate, then she does not have to resort to court controversy arises as to the truth or falsity of the alleged facts. Simply put, when
proceedings. there is no dispute as to fact, the question of whether the conclusion drawn
therefrom is correct or not, is a question of law.11
Petitioner further argues that even assuming that respondent’s action is
sanctioned, the trial court erred in finding respondent as having duly elected In the present case, petitioner assails the propriety of the decision of the trial court
Philippine citizenship since her purported election was not in accordance with the declaring respondent a Filipino citizen after finding that respondent was able to
procedure prescribed by law and was not made within a "reasonable time." substantiate her election of Filipino citizenship. Petitioner contends that
Petitioner points out that while respondent executed an oath of allegiance before a respondent’s petition for judicial declaration of election of Philippine citizenship is
notary public, there was no affidavit of her election of Philippine citizenship. procedurally and jurisdictionally impermissible. Verily, petitioner has raised
Additionally, her oath of allegiance which was not registered with the nearest local questions of law as the resolution of these issues rest solely on what the law
civil registry was executed when she was already 33 years old or 12 years after she provides given the attendant circumstances.
reached the age of majority. Accordingly, it was made beyond the period allowed
by law.
In granting the petition, the trial court stated:

In her Comment,9 respondent avers that notwithstanding her failure to formally

This Court believes that petitioner was able to fully substantiate her petition
elect Filipino citizenship upon reaching the age of majority, she has in fact
regarding her election of Filipino citizenship, and the Local Civil Registrar of Baguio
effectively elected Filipino citizenship by her performance of positive acts, among
City should be ordered to annotate in her birth certificate her election of Filipino
which is the exercise of the right of suffrage. She claims that she had voted and
citizenship. This Court adds that the petitioner’s election of Filipino citizenship
participated in all local and national elections from the time she was of legal age.
should be welcomed by this country and people because the petitioner has the
She also insists that she is a Filipino citizen despite the fact that her "election" of
choice to elect citizenship of powerful countries like the United States of America
Philippine citizenship was delayed and unregistered.
and China, however, petitioner has chosen Filipino citizenship because she grew up
in this country, and has learned to love the Philippines. Her choice of electing
In reply,10 petitioner argues that the special circumstances invoked by respondent, Filipino citizenship is, in fact, a testimony that many of our people still wish to live in
like her continuous and uninterrupted stay in the Philippines, her having been the Philippines, and are very proud of our country.
educated in schools in the country, her choice of staying here despite the
naturalization of her parents as American citizens, and her being a registered voter,
WHEREFORE, the instant petition is hereby GRANTED. Petitioner Nora Fe Sagun y
cannot confer on her Philippine citizenship as the law specifically provides the
Chan is hereby DECLARED as FILIPINO CITIZEN, having chosen or elected Filipino
requirements for acquisition of Philippine citizenship by election.
citizenship.12

Essentially, the issues for our resolution are: (1) whether respondent’s petition for
For sure, this Court has consistently ruled that there is no proceeding established by
declaration of election of Philippine citizenship is sanctioned by the Rules of
law, or the Rules for the judicial declaration of the citizenship of an
individual.13 There is no specific legislation authorizing the institution of a judicial
proceeding to declare that a given person is part of our citizenry.14 This was our upon reaching the age of majority" are Philippine citizens.18 It should be noted,
ruling in Yung Uan Chu v. Republic15citing the early case of Tan v. Republic of the however, that the 1973 and 1987 Constitutional provisions on the election of
Philippines,16 where we clearly stated: Philippine citizenship should not be understood as having a curative effect on any
irregularity in the acquisition of citizenship for those covered by the 1935
Under our laws, there can be no action or proceeding for the judicial declaration of Constitution. If the citizenship of a person was subject to challenge under the old
the citizenship of an individual. Courts of justice exist for settlement of justiciable charter, it remains subject to challenge under the new charter even if the judicial
controversies, which imply a given right, legally demandable and enforceable, an challenge had not been commenced before the effectivity of the new
act or omission violative of said right, and a remedy, granted or sanctioned by law, Constitution.19
for said breach of right. As an incident only of the adjudication of the rights of the
parties to a controversy, the court may pass upon, and make a pronouncement Being a legitimate child, respondent’s citizenship followed that of her father who is
relative to their status. Otherwise, such a pronouncement is beyond judicial power. Chinese, unless upon reaching the age of majority, she elects Philippine citizenship.
xxx 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
Clearly, it was erroneous for the trial court to make a specific declaration of follow her nationality.20 An illegitimate child of Filipina need not perform any act to
respondent’s Filipino citizenship as such pronouncement was not within the court’s confer upon him all the rights and privileges attached to citizens of the Philippines;
competence. he automatically becomes a citizen himself.21 But in the case of respondent, for her
to be considered a Filipino citizen, she must have validly elected Philippine
As to the propriety of respondent’s petition seeking a judicial declaration of election citizenship upon reaching the age of majority.
of Philippine citizenship, it is imperative that we determine whether respondent is
required under the law to make an election and if so, whether she has complied Commonwealth Act (C.A.) No. 625,22 enacted pursuant to Section 1(4), Article IV of
with the procedural requirements in the election of Philippine citizenship. the 1935 Constitution, prescribes the procedure that should be followed in order to
make a valid election of Philippine citizenship, to wit:
When respondent was born on August 8, 1959, the governing charter was the 1935
Constitution, which declares as citizens of the Philippines those whose mothers are Section 1. The option to elect Philippine citizenship in accordance with subsection
citizens of the Philippines and elect Philippine citizenship upon reaching the age of (4), [S]ection 1, Article IV, of the Constitution shall be expressed in a statement to
majority. Sec. 1, Art. IV of the 1935 Constitution reads: 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
Section 1. The following are citizens of the Philippines: shall accompany the aforesaid statement with the oath of allegiance to the
Constitution and the Government of the Philippines.
xxxx
Based on the foregoing, the statutory formalities of electing Philippine citizenship
are: (1) a statement of election under oath; (2) an oath of allegiance to the
(4) Those whose mothers are citizens of the Philippines and, upon reaching the age
Constitution and Government of the Philippines; and (3) registration of the
of majority, elect Philippine citizenship.
statement of election and of the oath with the nearest civil registry. 23
Under Article IV, Section 1(4) of the 1935 Constitution, the citizenship of a
Furthermore, no election of Philippine citizenship shall be accepted for registration
legitimate child born of a Filipino mother and an alien father followed the
under C.A. No. 625 unless the party exercising the right of election has complied
citizenship of the father, unless, upon reaching the age of majority, the child elected
with the requirements of the Alien Registration Act of 1950. In other words, he
Philippine citizenship. The right to elect Philippine citizenship was recognized in
should first be required to register as an alien.24 Pertinently, the person electing
the 1973 Constitution when it provided that "[t]hose who elect Philippine
Philippine citizenship is required to file a petition with the Commission of
citizenship pursuant to the provisions of the Constitution of nineteen hundred and
Immigration and Deportation (now Bureau of Immigration) for the cancellation of
thirty-five" are citizens of the Philippines.17 Likewise, this recognition by the 1973
his alien certificate of registration based on his aforesaid election of Philippine
Constitution was carried over to the 1987 Constitution which states that "[t]hose
citizenship and said Office will initially decide, based on the evidence presented the
born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship
validity or invalidity of said election.25 Afterwards, the same is elevated to the WHEREFORE, the petition is GRANTED. The Decision dated April 3, 2009 of the
Ministry (now Department) of Justice for final determination and review. 26 1âwphi1 Regional Trial Court, Branch 3 of Baguio City in Spcl. Pro. Case No. 17-R is REVERSED
and SET ASIDE. The petition for judicial declaration of election of Philippine
It should be stressed that there is no specific statutory or procedural rule which citizenship filed by respondent Nora Fe Sagun is hereby DISMISSED for lack of
authorizes the direct filing of a petition for declaration of election of Philippine merit.
citizenship before the courts. The special proceeding provided under Section 2, Rule
108 of the Rules of Court on Cancellation or Correction of Entries in the Civil No costs.
Registry, merely allows any interested party to file an action for cancellation or
correction of entry in the civil registry, i.e., election, loss and recovery of citizenship, SO ORDERED.
which is not the relief prayed for by the respondent.

Be that as it may, even if we set aside this procedural infirmity, still the trial court’s
conclusion that respondent duly elected Philippine citizenship is erroneous since
the records undisputably show that respondent failed to comply with the legal
requirements for a valid election. Specifically, respondent had not executed a sworn
statement of her election of Philippine citizenship. The only documentary evidence
submitted by respondent in support of her claim of alleged election was her oath of
allegiance, executed 12 years after she reached the age of majority, which was
unregistered. As aptly pointed out by the petitioner, even assuming arguendo that
respondent’s oath of allegiance suffices, its execution was not within a reasonable
time after respondent attained the age of majority and was not registered with the
nearest civil registry as required under Section 1 of C.A. No. 625. The phrase
"reasonable time" has been interpreted to mean that the election should be made
generally within three (3) years from reaching the age of majority. 27 Moreover,
there was no satisfactory explanation proffered by respondent for the delay and
the failure to register with the nearest local civil registry.

Based on the foregoing circumstances, respondent clearly failed to comply with the
procedural requirements for a valid and effective election of Philippine citizenship.
Respondent cannot assert that the exercise of suffrage and the participation in
election exercises constitutes a positive act of election of Philippine citizenship
since the law specifically lays down the requirements for acquisition of citizenship
by election. The mere exercise of suffrage, continuous and uninterrupted stay in the
Philippines, and other similar acts showing exercise of Philippine citizenship cannot
take the place of election of Philippine citizenship. Hence, respondent cannot now
be allowed to seek the intervention of the court to confer upon her Philippine
citizenship when clearly she has failed to validly elect Philippine citizenship. As we
held in Ching,28 the prescribed procedure in electing Philippine citizenship is
certainly not a tedious and painstaking process. All that is required of the elector is
to execute an affidavit of election of Philippine citizenship and, thereafter, file the
same with the nearest civil registry. Having failed to comply with the foregoing
requirements, respondent’s petition before the trial court must be denied.