GR 183133; (July, 2010) (Digest)
G.R. No. 183133 ; July 26, 2010
BALGAMELO CABILING MA, FELIX CABILING MA, JR., AND VALERIANO CABILING MA, Petitioners, vs. COMMISSIONER ALIPIO F. FERNANDEZ, JR., ET AL., AND MAT G. CATRAL, Respondents.
FACTS
Petitioners Balgamelo, Felix Jr., and Valeriano Ma were born under the 1935 Constitution to a Filipino mother and a Taiwanese father. Upon reaching the age of majority, they each executed an affidavit of election of Philippine citizenship and took their oath of allegiance, as required by the Constitution. However, they failed to immediately register these documents with the local civil registry as mandated by Commonwealth Act No. 625 . Decades later, a complaint was filed alleging they were undocumented and overstaying aliens. The Bureau of Immigration’s Board of Commissioners ordered their deportation, ruling that their failure to register the election documents rendered their citizenship election ineffective.
ISSUE
Whether the failure to immediately register the affidavit of election and oath of allegiance with the civil registry negates the election of Philippine citizenship and renders petitioners subject to deportation as undocumented aliens.
RULING
The Supreme Court ruled in favor of the petitioners, declaring them Filipino citizens. The Court held that the constitutional right to elect citizenship is perfected upon the execution of the oath of allegiance and the affidavit of election upon reaching the age of majority. The registration requirement under Commonwealth Act No. 625 is merely a procedural, administrative act intended to provide a public record; it is not a substantive requirement that conditions the validity of the election itself. The Court emphasized that citizenship is a precious right, and its loss should not be lightly presumed. Petitioners’ positive acts of electing citizenship, coupled with their lifelong residence in the Philippines, participation as registered voters, and service in public office (as a Barangay Kagawad), overwhelmingly demonstrated their election to be Filipino. The delay in registration, while a procedural lapse, did not nullify their vested constitutional right. The deportation order was therefore annulled.