REPUBLIC vs.

SAGUN
Gr. No. 187567

Facts:
1. On August 08, 1959, Nora Fe Sagun was born in Baguio City. She is the legitimate child of a
Chinese National, Albert S. Chan, and a Filipino citizen, Marta Borromeo.
2. At the age of 33, Sagun executed an Oath of Allegiance to the Republic of the Philippines but
such document was not recorded and registered with the Local Civil Registrar of Baguio City.
4. Sagun applied for a Philippine passport and was denied due to her fathers citizenship and
the absence of annotation in her birth certificate that she has elected Philippine citizenship.
5. Sagun sought a judicial declaration of her election of Philippine citizenship and prayed that
the Local Civil Registrar of Baguio be ordered to annotate the same on her birth certificate.
6. Sagun asserted her positive acts as an effective election for Philippine Citizenship.
7. The OSG authorized the City Prosecutor to appear in his behalf but no comment was filed.
8. On April 3, 2009, the trial court decided in favor of Sagun, declaring her a Filipino Citizen.
9. The OSG filed a petition for review on certiorari, for the reversal of the trial courts decision.

Issue:
1. Whether or not the respondents petition for declaration of election of Philippine citizenship is
sanctioned by the Rules of Court and jurisprudence?
2. Whether or not an election of Philippine citizenship, made 12 years after reaching the age of
majority, is considered to have been made within a reasonable time?

Held:
1. It was erroneous for the trial court to make a specific declaration of respondents Filipino
citizenship as such pronouncement is not within the courts competence.
2. In the 1935 Constitution, 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. Thus, Saguns citizenship is same with his father.
4. The statutory formalities of electing Philippine citizenship are: (1) a statement of election
under oath; (2) an oath of allegiance to the Constitution and Government of the Philippines; and
(3) registration of the statement of election and of the oath with the nearest civil registry.
5. The phrase reasonable time has been interpreted to mean that the election should be made
generally within three years from reaching the age of majority.
6. Moreover, there was no satisfactory explanation proffered by Sagun for the delay and the
failure to register with the nearest local civil registry.
7. The exercise of suffrage, continuous and uninterrupted stay in the country, and acts showing
exercise of Philippine citizenship cannot take the place of election of Philippine citizenship.
8. Based on the foregoing circumstances, Sagun clearly failed to comply with the procedural
requirements for a valid and effective election of Philippine citizenship.
9. WHEREFORE, the petition is GRANTED. The decision of the Regional Trial Court is
REVERSED and SET ASIDE. The petition for judicial declaration of election of Philippine
citizenship filed by respondent Nora Fe Sagun is hereby DISMISSED for lack of merit.