BALGAMELO CABILING MA, et.al. v.

COMMISSIONER ALIPIO F. FERNANDEZ, JR., et.al.

G.R. No. 183133, 26 July 2010
Perez, J.

DOCTRINE

The purpose of registration of a contract of partnership is to give notice to third parties, and
failure to do so does not affect the liability of the partnership and of the partners to third
persons. By analogy, registration is the confirmation of the election of Philippine citizenship.

FACTS

Petitioners Balgamelo Cabiling Ma, Felix Cabiling Ma, Jr., and Valeriano Cabiling Ma are children
of Felix Yao Kong Ma, a Taiwanese, and Dolores Silona Cabiling, a Filipina. They were born
during the effectivity of the 1935 Constitution, and has been raised in the Philippines. Upon
reaching the age of majority (21), they elected Philippine citizenship in accordance with the
1935 Constitution. As such, Balgamelo executed an affidavit of election of Philippine citizenship
and took his oath of allegiance to the Philippines. Felix Jr. and Valeriano performed the same
acts. Nevertheless, they failed to register the documents in the local civil registry in accordance
with Commonwealth Act. 625. They were only able to do so thirty years after their election.

In February 2004, the Bureau of Immigration (BOI) received a complaint-affidavit from a certain
Mat Catral, alleging that Felix Sr. and his children were overstaying aliens. The Ma family
considered the complaint as politically motivated because they were supporting a certain
candidate in the then upcoming elections. Notwithstanding, the BOI charged them with
violation of the Philippine Immigration Act (PIA) for failing to present any valid document
showing their status in the Philippines, and produce documents related to their election of
Philippine citizenship. Thereafter, the Board of BOI rendered its decision finding that Felix Sr.
and his children violated the PIA, rendering them undocumented and/or improperly
documented aliens.

On appeal, the Court of Appeals (CA) dismissed the Petition of the Petitioners for failing to
comply with the requirements of the law for their continued stay in the Philippines. It ruled that
it is required of the elector to execute an affidavit of election of Philippine citizenship, and
thereafter file the same with the nearest civil registry. These procedures concerning citizenship
is a constitutional mandate which must be adhered upon strictly.

Hence, this Petition.

 ISSUE

Whether or not the Petitioners are Filipino citizens despite their failure to comply with
registration requirement under the law.

RULING

The Supreme Court ruled in the affirmative. The Court held that registration refers to any entry
made int he books of the registry which records solemnly and permanently the right of
ownership and other real rights. Simply stated, registration is made for the purpose of
notification. In contracts of partnership for example, the purpose of registration is to give notice
to third persons whereby failure to register said contracts do not affect the liability of the
partnership and of the partners to third persons. Neither does such failure affect the
partnership’s juridical personality. Thus, registration is not a requirement for the validity of the
contract as between the parties for the effect of registration serves chiefly to bind third
persons. It is a confirmation fo the existence of fact.

In the present case, registration is the confirmation of the election of the Petitioners on their
Philippine citizenship. Having performed the necessary obligations under the Constitution, their
failure to register their election in the civil registry should not defeat the election and negate
the permanent fact that they have a Filipino mother. Thus, they are Filipino citizens, and the
lacking requirements thereof may still be complied subject to administrative penalties, if any.

DISPOSITIVE PORTION

Decision and Resolution of CA, and the Resolution of the BOI are SET ASIDE. Petitioners are
required to COMPLY with the requirements under the law, subject to imposition of appropriate
administrative penalties, if any, while the BOI are required to REVIEW and ACT on the
documents to be submitted.

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