Children born to Malaysian fathers are entitled to citizenship by operation of law regardless of the parents' marital status at birth.

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 .

[5] The High Court dismissed the declaration sought under art 14(1)(b) because the learned trial Judge found that:

(i) the Child did not meet the criteria stipulated pursuant to art 14(1)(b) of the FC read together with s 1(b) of Part II of the Second Schedule and s 17 of Part III of the Second Schedule. Since s 17 of Part III of the Second Schedule defines the word "father" as referring to "mother" in a case of an illegitimate child, the Child's citizenship cannot follow that of his father;

(ii) the determining point of time for the acquisition of citizenship by operation of law would be at the point of birth of the Child. In effect, subsequent legitimisation of the Child by reason of the marriage of his parents would not entitle the Child to acquire citizenship by operation of law pursuant to art 14(1)(b) and s 1(b) of Part II of the Second Schedule of the FC ; and

(iii) matters relating to citizenship are to be culled from within the four corners of the FC , which are to be construed and interpreted on its own without regard to any other statutes such as the Legitimacy Act. Therefore, the subsequent legitimate status of the Child resulted from the marriage of the parents after his birth is only relevant for purposes of the Legitimacy Act but not for acquiring citizenship by operation of law under art 14(1)(b) of the .

[6] The High Court also dismissed the declaration sought under art 15(2) because it was found that:

(i) the declaration sought was premature because no application has yet to be made to the Federal Government pursuant to art 15(2). What the Child did earlier was to apply for citizenship under art 15A of the FC which was declined by the Government. The appellants however did not challenge that decision by way of Judicial Review; and

(ii) the non-citizenship of his biological mother was an impediment to the application under art 15(2) of the FC .

[7] The appeal to the Court of Appeal was pursued only in respect of the application for a declaration of citizenship by operation of law under art 14(1) (b) of the FC .

At The Court Of Appeal

[8] Before it, the Court of Appeal had to consider two main questions:

(i) Can a child born out of wedlock be regarded as a legitimate child for the purpose of art 14(1)(b) of the FC once his parents marry each other after he was born to render s 17 of Part III of the Second Schedule inapplicable; and

(ii) Whether a child who has obtained a foreign citizenship is deprived of Malaysian citizenship.

[9] The Court of Appeal upheld the decision of the High Court as it agreed on the interpretation of the relevant provisions employed and propounded by the learned trial judge. It was found that the wording of s 1(b) of Part II of the Second Schedule clearly emphasised "at the time of the Child's birth". The Legitimacy Act was found to be an incompetent legal instrument to confer citizenship status under art 14(1)(b), because the Act provides only for personal rights and obligations of a legitimated person, which cannot in