REPUBLIC OF THE PHILIPPINES VS. CHULE Y.

LIM

Facts:
Repondent, In her petition, prays that her birth of records be corrected since
it has four erroneous entries. During the hearing, the respondent claimed the
following: (1) the surname Yu was misspelled as Yo and she has been using Yu
in all her school records and marriage certificate; (2) the fathers name was written
as Yo Diu To (Co Tian) instead of Yu Dio To (Co Tian); (3) the nationality written is
Chinese where it should have been Filipino, considering that her father and mother
never got married and she is a registered voter; (4) that she was described as
legitimate child where she should have been described as illegitimate, considering
that her parents were never married. The Court granted the petition of the
respondent. The Republic appealed the case before the CA, however it affirmed the
decision of the trial court. Thus, this petition.
Issue:
Whether or not Chule Y. Lim is a Filipino Citizen.
Held:
Yes. The provisions of Article IV, Section (13) of the 1935 Constitution does
not apply in this case. According to the Supreme Court, the above section applies
only to legitimate children. In the case at bar, Lim is considered as an illegitimate
children for her father and mother were never married. As such, she does not need
to comply with the provision of the law. She automatically acquired Filipino
citizenship upon birth for her mother is a Filipino citizen. Thus, the supreme court
denied the petition and affirmed the decision of the CA.