Balgamelo Cabiling Ma, Felix Cabiling Ma, Jr.

, and Valeriano Cabiling Ma

vs. Commissioner Alipio Fernandez, Jr., et.al
GR No. 183133
Facts:
Balgamelo Cabiling Ma, Felix Cabiling Ma, Jr., Valeriano Cabiling Ma, Lechi Ann Ma, Arceli
Ma, Nicolas Ma, and Isidro Ma are the siblings of Felix Yao Kong Ma, a Taiwanese and
Dolores Cabiling, a Filipina. They were all raised in the Philippines, spent their whole lives
and studied and received their primary and secondary education in the country.
Balgamelo, Felix Jr., and Valeriano were all born under aegis of the 1935 Philippine
Constitution in the years 1948, 1951 and 1957, respectively.
Petitioners claimed during their age of minority they secured from the Bureau of
Immigration their Alien Certificates of Registrations (ACRs) and upon reaching the age of
21, they claimed Philippine citizenship in accordance with Section 1(4), Article IV, of the
1935 Constitution, which provides that those whose mothers are citizens of the
Philippines and, upon reaching the age of majority, elect Philippine citizenship are
citizens of the Philippines.
Felix, Jr. executed his affidavit of election of Philippine citizenship and took his oath of
allegiance before then Municipal Judge Jose Gonzales in Surigao del Norte on August 15,
1969. Balgamento did the same before lawyer Patrocinio Filoteo on January 14, 1972.
Valeriano took his oath of allegiance before then Judge Salvador Sering in 1978.
Having taken their oath of allegiance as Philippine citizens, petitioners, however, failed to
have the necessary documents registered in the civil registry as required under Section 1
of Commonwealth Act 625-an act providing the manner in which the option to elect
Philippine citizenship shall be declared by a person whose mother is a Filipino citizen. It
was only on July 287, 2005 or more than 30 years after they elected Philippine citizenship
that Balgamelo and Felix, Jr. complied while there was no evidence that Valeriano
complied with the registration requirement.
A certain Mat Catral filed a complaint before the Bureau of Immigration which was
received by them on February 16, 2004. Catral alleged Felix Ma and his seven children are
undesirable and overstaying aliens.
The Board of Commissioners of the Bureau of Immigration on February 2, 2005 found
Felix Ma and his children violated Commonwealth Act 613, Section 37(a)(7) and 45(e) in
relation to BI Memorandum Order ADD-01-031 and ADD 01-035.
The Board ruled the summary deportation of Felix, Felix, Jr., Balgamelo, Valeriano, Lechi
Ann, Nicolas, Arceli and Isidro and the issuance of warrant of deportation, inclusion of
their names in the Immigration Blacklist and exclusion from the Philippines.
A motion for reconsideration was filed but it was denied. Thus, the case was appealed
before the Court of Appeals seeking for the nullification of the judgment of the Board of
Commissioners of the Bureau of Immigration.
The Court of Appeals affirmed the decision of the Board of Commissioners citing the
petitioners belatedly complied with all the requirements. The acts of election and their
registration with the nearest civil registry were all done beyond the reasonable period of
three years upon reaching the age of majority.
Issue: Whether or not the Court of Appeals erred in affirming the decision of the Board of
Commissioners.
Ruling:
The Supreme Court set aside the decision of the Board of Commissioners which was
affirmed by the Court of Appeals with respect to Balgamelo, Felix Jr., and Valeriano. It
stated that they cannot agree with the view of the CA that since the ACR presented by
the petitioners are no longer valid on account of the new requirement to present an E-
series ACR, they are deemed not properly documented.
It added while the 1935 Constitution requires that children of Filipino mothers elect
Philippine citizenship upon reaching their age of majority, upon the effectively of the 1973
Constitution they automatically become Filipinos and need not elect Philippine
citizenship upon reaching the age of majority.
The failure to register the election in the civil registry should not defeat the election and
will not negate the permanent fact that they have a Filipino mother. The lacking
requirements may still be complied with subject to the imposition of appropriate
administrative penalties, if any.