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  • Republic vs. Lim: Facts: Chule Y. Lim Filed A Petition For Correction of Entries Under Rule 108 of The Rules of

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    Krisnaff Connor Quitoriano
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    1) Chule Y. Lim filed a petition to correct four erroneous entries in her birth certificate from both Kauswagan and Iligan City, namely: her surname, her father's name, her nationality as Chinese instead of Filipino, and her status as legitimate instead of illegitimate. 2) The trial court granted Lim's petition based on testimony from Lim and her mother that established the errors and that her parents were never married. 3) The Supreme Court affirmed, holding that as an illegitimate child of a Filipino mother, Lim was automatically a Filipino citizen at birth, and was not required to elect Philippine citizenship like legitimate children of a Filipino mother and foreign father.

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    1) Chule Y. Lim filed a petition to correct four erroneous entries in her birth certificate from both Kauswagan and Iligan City, namely: her surname, her father's name, her nationality as Chinese instead of Filipino, and her status as legitimate instead of illegitimate. 2) The trial court granted Lim's petition based on testimony from Lim and her mother that established the errors and that her parents were never married. 3) The Supreme Court affirmed, holding that as an illegitimate child of a Filipino mother, Lim was automatically a Filipino citizen at birth, and was not required to elect Philippine citizenship like legitimate children of a Filipino mother and foreign father.

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    Republic vs. Lim: Facts: Chule Y. Lim Filed A Petition For Correction of Entries Under Rule 108 of The Rules of

    Uploaded by

    Krisnaff Connor Quitoriano
    1) Chule Y. Lim filed a petition to correct four erroneous entries in her birth certificate from both Kauswagan and Iligan City, namely: her surname, her father's name, her nationality as Chinese instead of Filipino, and her status as legitimate instead of illegitimate. 2) The trial court granted Lim's petition based on testimony from Lim and her mother that established the errors and that her parents were never married. 3) The Supreme Court affirmed, holding that as an illegitimate child of a Filipino mother, Lim was automatically a Filipino citizen at birth, and was not required to elect Philippine citizenship like legitimate children of a Filipino mother and foreign father.

    Copyright:

    © All Rights Reserved
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    of 2

    Republic vs.

    Lim
    [GR 153883, 13 January 2004]
    First Division, Ynares-Santiago (J): 4 concur
    Facts: Chule Y. Lim filed a petition for correction of entries under Rule 108 of the Rules of
    Court with the Regional Trial Court of Lanao del Norte, Branch 4 (Sp. Proc. 4933). She claimed
    that she was born on 29 October 1954 in Buru-an, Iligan City. Her birth was registered in
    Kauswagan, Lanao del Norte but the Municipal Civil Registrar of Kauswagan transferred her
    record of birth to Iligan City. She alleged that both her Kauswagan and Iligan City records of
    birth have four erroneous entries, and prays that they be corrected. The trial court then issued an
    Order, which found the petition to be sufficient in form and substance, setting the hearing of the
    case be set on 27 December 1999, and ordering the publication ofthe order in a newspaper of
    general circulation in the City of Iligan and the Province of Lanao del Norte once a week for 3
    consecutive weeks at Lim's expense. During the hearing, Lim testified that (1) her surname "Yu"
    was misspelled as "Yo"; (2) her fathers name in her birth record was written as "Yo Diu To (Co
    Tian)" when it should have been "Yu Dio To (Co Tian)"; (3) her nationality was entered as
    Chinese when it should have been Filipino considering that her father (a Chinese) and mother (a
    Filipina) never got married; and (4) it was erroneously indicated in her birth certificate that she
    was a legitimate child when she should have been described as illegitimate considering that her
    parents were never married. Placida Anto, Lims mother, testified that she is a Filipino citizen as
    her parents were both Filipinos from Camiguin. She added that she and her daughters father
    were never married because the latter had a prior subsisting marriage contracted in China. In this
    connection, Lim presented a certification attested by officials of the local civil registries of Iligan
    City and Kauswagan, Lanao del Norte that there is no record of marriage between Placida Anto
    and Yu Dio To from 1948 to the present. The Republic, through the City Prosecutor of Iligan
    City, did not present any evidence although it actively participated in the proceedings by
    attending hearings and cross-examining respondent and her witnesses. On 22 February 2000, the
    trial court granted respondents petition and rendered judgment directing the Civil Registrar of
    Iligan City to make the corrections in Lim's birth records as (1) Her family name from "YO" to
    "YU"; (2) Her fathers name from "YO DIU TO (CO TIAN)" to "YU DIOTO (CO TIAN)"; (3)
    Her status from "legitimate" to "illegitimate" by changing "YES" to "NO" in answer to the
    question "LEGITIMATE?"; and, (4) Her citizenship from "Chinese" to "Filipino". The Republic
    of the Philippines appealed the decision to the Court of Appeals which affirmed the trial courts
    decision. The Republic filed the petition for review on certiorari under Rule 45 of the Rules of
    Court.
    Issue: Whether Lim is a Filipino citizen.
    Held: The constitutional and statutory requirements of electing Filipino citizenship in Article IV,
    Section 1 (3) of the 1935 Constitution (which provides that the citizenship of a legitimate child
    born of a Filipino mother and an alien father followed the citizenship of the father, unless, upon
    reaching the age of majority, the child elected Philippine citizenship), and Section 1 of
    Commonwealth Act 625 (which provides that legitimate children born of Filipino mothers may
    elect Philippine citizenship by expressing such intention "in a statement to be signed and sworn
    to by the party concerned before any officer authorized to administer oaths, and shall be filed

    with the nearest civil registry. The said party shall accompany the aforesaid statement with the
    oath of allegiance to the Constitution and the Government of the Philippines") apply only to
    legitimate children. These do not apply in the case of Lim who was concededly an illegitimate
    child, considering that her Chinese father and Filipino mother were never married. As such, she
    was not required to comply with said constitutional and statutory requirements to become a
    Filipino citizen. By being an illegitimate child of a Filipino mother, Lim automatically became a
    Filipino upon birth. Stated differently, she is a Filipino since birth without having to elect
    Filipino citizenship when she reached the age of majority.

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