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In opposing the petition of herein respondent to change her
citizenship from Chinese to Filipino the Solicitor General cited
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.
Likewise, the Republic invokes the provision in Section 1 of
Commonwealth Act No. 625, 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.
Plainly, the above constitutional and statutory requirements of
electing Filipino citizenship apply only to legitimate children. These do
not apply in the case of respondent 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, respondent
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.
Tecson vs. COMELEC
Petitioner would have it that even if Allan F. Poe were a Filipino
citizen, he could not have transmitted his citizenship to respondent FPJ,
the latter being an illegitimate child. Petitioner contended that as an
illegitimate child, FPJ so followed the citizenship of his mother, Bessie
Kelley, an American citizen, basing his stand on the ruling of this Court
in Morano vs. Vivo, citing Chiongbian vs. de Leonand Serra vs.
Republic.
Where jurisprudence regarded an illegitimate child as taking
after the citizenship of its mother, it did so for the benefit the child. It
was to ensure a Filipino nationality for the illegitimate child of an alien
father in line with the assumption that the mother had custody, would
exercise parental authority and had the duty to support her illegitimate
child. It was to help the child, not to prejudice or discriminate against
him.