CTEB & ANOR v. KETUA PENGARAH PENDAFTARAN NEGARA MALAYSIA & ORS

Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Nallini Pathmanathan, Vernon Ong Lam Kiat, Zabariah Mohd Yusof, Hasnah Mohammed Hashim, Mary Lim Thiam Suan FCJJ
[Civil Appeal No: 01(i)-34-10-2019(W)]
Tengku Maimun Tuan Mat CJ, Rohana Yusuf PCA, Nallini Pathmanathan, Vernon Ong Lam Kiat, Zabariah Mohd Yusof, Hasnah Mohammed Hashim, Mary Lim Thiam Suan FCJJ

JUDGMENT

Rohana Yusuf PCA (Majority):

[1] The issue before us is fairly straightforward. It is whether an illegitimate child born outside Malaysia, to a Malaysian biological father and a Filipino mother is entitled to become a citizen by operation of law pursuant to art 14 of the Federal Constitution (FC).

[2] At the time of his birth on 27 September 2010, the Child's parents were not married and five months after his birth and on 22 February 2011, they legally registered their marriage in Malaysia pursuant to the Law Reform (Marriage and Divorce) Act 1976.

[3] The Child was correctly presumed to be a citizen of the Philippines by the Court of Appeal on the basis that he travelled on a passport issued by the Government of the Philippines.

At The High Court

[4] By an Originating Summons, the appellants sought for a declaration before the High Court for the Child to be a citizen by operation of law under art 14(1) (b) and/or by registration pursuant to art 15(2) of the FC.