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  • Cabiling Vs Fernandez

    Загружено:

    Thea Barte
    61 просмотров1 страница
    This case involves Balgamelo Cabiling Ma, Felix Cabiling Ma Jr., and Valeriano Cabiling Ma who are the children of a Filipina mother and Taiwanese father. They elected Philippine citizenship in the 1960s-1970s but failed to register the documents with the Civil Service Registry. In 2004, a complaint was filed alleging they were undesirable aliens. The Supreme Court ruled that their failure to register the election does not negate their right to citizenship from having a Filipina mother or erase the years they lived as Filipinos. Registration is merely a confirmation and late registration does not change the underlying facts.

    Исходное описание:

    Constitutional Law Case Digest

    Оригинальное название

    Cabiling vs Fernandez

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    This case involves Balgamelo Cabiling Ma, Felix Cabiling Ma Jr., and Valeriano Cabiling Ma who are the children of a Filipina mother and Taiwanese father. They elected Philippine citizenship in the 1960s-1970s but failed to register the documents with the Civil Service Registry. In 2004, a complaint was filed alleging they were undesirable aliens. The Supreme Court ruled that their failure to register the election does not negate their right to citizenship from having a Filipina mother or erase the years they lived as Filipinos. Registration is merely a confirmation and late registration does not change the underlying facts.

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    © All Rights Reserved
    Скачайте в формате DOCX, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    61 просмотров1 страница

    Cabiling Vs Fernandez

    Загружено:

    Thea Barte
    This case involves Balgamelo Cabiling Ma, Felix Cabiling Ma Jr., and Valeriano Cabiling Ma who are the children of a Filipina mother and Taiwanese father. They elected Philippine citizenship in the 1960s-1970s but failed to register the documents with the Civil Service Registry. In 2004, a complaint was filed alleging they were undesirable aliens. The Supreme Court ruled that their failure to register the election does not negate their right to citizenship from having a Filipina mother or erase the years they lived as Filipinos. Registration is merely a confirmation and late registration does not change the underlying facts.

    Авторское право:

    © All Rights Reserved
    Скачайте в формате DOCX, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 1

    Cabiling vs Fernandez

    G.R. No. 183133 July 26, 2010


    Perez, J:

    FACTS

    Balgamelo Cabiling Ma,

    Felix Cabiling Ma (Taiwanese) and Dolores (Filipina)

    Felix Jr., Balgamelo and Valeriano – 1935 Constitution

    They were all raised in the Philippines and have resided in this country for almost sixty
    (60) years;

    August 15, 1969, Felix Jr. executed his affidavit of election of Philippine citizenship and
    took their oath of allegiance to the government.

    January 14, 1972 Balgamelo did the same

    In 1978, Valeriano took his oath of allegiance

    FAILED TO HAVE DOCUMENTS REGISTERED WITH CIVIL SERVICE


    REGISTRY (C.A. 625 Sec. 1)

    After 30 years Balgamelo and Felix after they elected Philippine citizenship that they
    were able to register the documents.

    February 16, 2004, Bureau of Immigration received the Complaint-Affidavit of a certain


    Mat G. Catral (Mr. Catral) undesirable and overstaying aliens.

    For the failure to comply with procedure to prove valid claim for Philippine citizenship
    via election proceedings.

    Undocumented/improper documented aliens.

    Reasonable time (3 years)

    ISSUE

    WON the omission negates their rights to Filipino citizenship as children of a Filipino
    mother, and erase the years lived and spent as Filipinos.

    RULING

    Registration is merely a confirmation of the existence of the facts.

    Failure to register election should not defeat election and negate the fact that they have a
    Filipino mother.

    Late registration does not erase the fact.

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