Republic v. Sagun
G.R. No. 187567 (February 15, 2012)
Facts:
The case involves Nora Fe Sagun, the legitimate child of a Chinese national, Albert S. Chan, and a Filipino citizen, Marta Borromeo. Born on August 8, 1959, in Baguio City, Sagun did not elect Philippine citizenship upon reaching the age of majority. In 1992, at the age of 33, she executed an Oath of Allegiance to the Republic of the Philippines, which was notarized but not recorded with the Local Civil Registrar of Baguio City.
In September 2005, Sagun applied for a Philippine passport, but her application was denied due to her father's citizenship and the absence of an annotation on her birth certificate indicating her election of Philippine citizenship. Consequently, she filed a petition for a judicial declaration of her election of Philippine citizenship, requesting that the Local Civil Registrar annotate her birth certificate accordingly.
Sagun argued that she was raised as a Filipino, spoke local languages fluently, attended schools in the Philippines, and was a registered voter. She claimed that her actions constituted an effective election of Philippine citizenship, warranting the annotation on her birth certificate.
The Office of the Solicitor General (OSG) entered an appearance on behalf of the Republic of the Philippines but did not file a comment on the petition. The Regional Trial Court (RTC) of Baguio City granted Sagun's petition on April 3, 2009, declaring her a Filipino citizen and ordering the Local Civil Registrar to annotate her birth certificate.
Legal Issues:
- Is a judicial declaration of Philippine citizenship procedurally and jurisdictionally permissible?
- Can an election of Philippine citizenship made twelve years after reaching the age of majority be considered timely under the law?
Arguments:
Petitioner (Republic of the Philippines):
- The petition for judicial declaration of citizenship is improper as there is no legal provision allowing such a proceeding.
- The registration of the oath of allegiance and its annotation on the birth certificate are ministerial duties of the registrar and do not require a court order.
- Sagun's election of citizenship was not valid as it was not made within a reasonable time and did not follow the prescribed legal procedures, including the lack of a sworn statement of election and failure to register her oath of allegiance.
Respondent (Nora Fe Sagun):
- Despite not formally electing citizenship upon reaching the age of majority, Sagun argued that her actions, such as voting and living in the Philippines, constituted an effective election of citizenship.
- She contended that her delay in formalizing her election should not negate her citizenship, as she had always identified as a Filipino.
Court's Decision and Legal Reasoning:
The Supreme Court granted the petition of the Republic of the Philippines, reversing the RTC's decision. The Court emphasized that there is no legal basis for a judicial declaration of citizenship, as established in previous jurisprudence. The Court reiterated that citizenship matters are governed by specific laws and procedures, which Sagun failed to comply with.
The Court noted that under the 1935 Constitution, a legitimate child of a Filipino mother and an alien father must elect Philippine citizenship upon reaching the age of majority. The law requires a sworn statement of election, an oath of allegiance, and registration with the civil registry. Sagun's oath of allegiance, executed 12 years after reaching the age of majority and not registered, did not meet these requirements.
The Court also clarified that the phrase "reasonable time" for electing citizenship is generally interpreted as within three years of reaching the age of majority. Sagun's failure to provide a satisfactory explanation for her delay further undermined her claim.
Significant Legal Principles Established:
- There is no judicial proceeding for the declaration of citizenship under Philippine law.
- The election of Philippine citizenship must comply with specific statutory requirements, including timely execution and registration of the election and oath of allegiance.
- The concept of "reasonable time" for electing citizenship is generally interpreted as within three years of reaching the age of majority.