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    Cabiling vs. Fernandez

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    Roxanne Avila
    Petitioners secured Alien Certificates of Registration during their minority but claimed Philippine citizenship upon reaching majority in accordance with the 1935 Constitution as their mother was Filipino. They executed affidavits of election of citizenship and took oaths of allegiance but failed to register these documents with the civil registry as required by law. The Court ruled that while registration was belated, petitioners had otherwise complied with requirements to elect citizenship and their Filipino heritage through their mother was permanent. Failure to register did not negate their election of citizenship and they could still complete statutory requirements, subject to administrative penalties. The Bureau of Immigration should examine documents of belated registration for validation.

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    Cabiling vs. Fernandez

    Uploaded by

    Roxanne Avila
    152 views1 page
    Petitioners secured Alien Certificates of Registration during their minority but claimed Philippine citizenship upon reaching majority in accordance with the 1935 Constitution as their mother was Filipino. They executed affidavits of election of citizenship and took oaths of allegiance but failed to register these documents with the civil registry as required by law. The Court ruled that while registration was belated, petitioners had otherwise complied with requirements to elect citizenship and their Filipino heritage through their mother was permanent. Failure to register did not negate their election of citizenship and they could still complete statutory requirements, subject to administrative penalties. The Bureau of Immigration should examine documents of belated registration for validation.

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    Constitutional Law 2 Citizenship Political Law

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    Petitioners secured Alien Certificates of Registration during their minority but claimed Philippine citizenship upon reaching majority in accordance with the 1935 Constitution as their mother was Filipino. They executed affidavits of election of citizenship and took oaths of allegiance but failed to register these documents with the civil registry as required by law. The Court ruled that while registration was belated, petitioners had otherwise complied with requirements to elect citizenship and their Filipino heritage through their mother was permanent. Failure to register did not negate their election of citizenship and they could still complete statutory requirements, subject to administrative penalties. The Bureau of Immigration should examine documents of belated registration for validation.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    152 views1 page

    Cabiling vs. Fernandez

    Uploaded by

    Roxanne Avila
    Petitioners secured Alien Certificates of Registration during their minority but claimed Philippine citizenship upon reaching majority in accordance with the 1935 Constitution as their mother was Filipino. They executed affidavits of election of citizenship and took oaths of allegiance but failed to register these documents with the civil registry as required by law. The Court ruled that while registration was belated, petitioners had otherwise complied with requirements to elect citizenship and their Filipino heritage through their mother was permanent. Failure to register did not negate their election of citizenship and they could still complete statutory requirements, subject to administrative penalties. The Bureau of Immigration should examine documents of belated registration for validation.

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    7. Cabiling v.

    Fernandez – 625 SCRA 566


    FACTS: On 16 February 2004, the Bureau of Immigration received the Complaint-Affidavit of a
    certain Mat G. Catral alleging that Felix Ma and his seven (7) children are undesirable and
    overstaying aliens. 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 (t)hose whose mothers are citizens of the Philippines and, upon
    reaching the age of majority, elect Philippine citizenship are citizens of the Philippines. Thus, they
    executed their affidavits of election of Philippine citizenship and took their oath of allegiance.
    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).

    ISSUE: Whether or not the omission negates their rights to Filipino citizenship as children of a
    Filipino mother, and erases the years lived and spent as Filipinos.

    RULING: No. Petitioners complied with the first and second requirements upon reaching the age
    of majority. It was only the registration of the documents of election with the civil registry that
    was belatedly done. We rule that under the facts peculiar to the petitioners, the right to elect
    Philippine citizenship has not been lost and they should be allowed to complete the statutory
    requirements for such election. Having a Filipino mother is permanent. It is the basis of the right
    of the petitioners to elect Philippine citizenship. Petitioners elected Philippine citizenship in form
    and substance. The failure to register the election in the civil registry should not defeat the election
    and resultingly negate the permanent fact that they have a Filipino mother. The lacking
    requirements may still be complied with subject to the imposition of appropriate administrative
    penalties, if any. The documents they submitted supporting their allegations that they have already
    registered with the civil registry, although belatedly, should be examined for validation purposes
    by the appropriate agency, in this case, the Bureau of Immigration. Other requirements embodied
    in the administrative orders and other issuances of the Bureau of Immigration and the Department
    of Justice shall be complied with within a reasonable time.

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