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Consti Law - Citizenship Republic vs Lim case digest

Consti Law - Citizenship Republic vs Lim case digest

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Consti Law CITIZENSHIP Republic vs. Lim Facts: Chule Y. Lim, respondent, was an illegitimate child of a Chinese father and a Filipino mother. Shefiled a petition to the court for correction of four erroneous entries in her birth certificate to wit: 1) her surname Yu was misspelled as Yo 2) her father s name was written as Yo Diu To (Co Tian) when it should have been Yu Dio To 3) her nationality was entered as Chinese when it should have been Filipino 4) that she was a legitimate child when she s
Consti Law CITIZENSHIP Republic vs. Lim Facts: Chule Y. Lim, respondent, was an illegitimate child of a Chinese father and a Filipino mother. Shefiled a petition to the court for correction of four erroneous entries in her birth certificate to wit: 1) her surname Yu was misspelled as Yo 2) her father s name was written as Yo Diu To (Co Tian) when it should have been Yu Dio To 3) her nationality was entered as Chinese when it should have been Filipino 4) that she was a legitimate child when she s

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Published by: Madel Malone-Cervantes on Jul 11, 2011
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10/03/2013

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Consti Law CITIZENSHIP Republic vs. Lim Facts: Chule Y.

Lim, respondent, was an illegitimate child of a Chinese father and a Filipino mother. Shefiled a petition to the court for correction of four erroneous entries in her birth certificate to wit: 1) her surname Yu was misspelled as Yo 2) her father s name was written as Yo Diu To (Co Tian) when it should have been Yu Dio To 3) her nationality was entered as Chinese when it should have been Filipino 4) that she was a legitimate child when she should have been described as illegitimate considering that her parents were never married. After the trial court conducted the appropriate proceeding, it granted the petition sought by respondent to set the records straight and in their proper perspective. However, petitioner herein filed an appeal specifically on the correction of her citizenship (from Chinese to Filipino) not having complied with the legal requirements for election of citizenship. It cited Article IV, Sec 1(3) of the 1935 Constitution and Sec 1, CA No. 625 whichprovides the election of citizenship of a legitimate child of a Filipino mother and alien father upon reaching the age of maturity. Issue: Whether or not respondent needs to elect Filipino citizenship upon reaching the age of majority? Holding: The constitutional and statutory requirements of electing Filipino citizenship apply only to legitimate children. The case at bar clearly states that respondent is an illegitimate child of a Filipino mother and alien father. By being an illegitimate child of a Filipino mother, respondent automatically became a Filipino upon birth.

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