The Philippine government may not return the 13-year-old girl who was allegedly raped by Sabah police officers while being deported from Malaysia because she could be holding dual citizenship.

According to Philippine news reports, the father of the girl is believed to be a Chinese Malaysian and her mother Filipina. The report also said that the girl was born in Malaysia and speaks Bahasa Malaysia.

Consul General of the Philippines Luis Cruz said his government is likely to continue pursuing the case as the girl's mother is Filipina.

"Philippine law allows for dual citizenship for minors. When they reach the age of majority at 21, they are asked to choose on nationality," said Cruz when contacted yesterday.

Meanwhile, the Malaysian authorities said they will seek the return of the teen from the Philippines if tests confirm that she is a Malaysian national.

According to a spokesperson from the Bukit Aman police headquarters, tests are being done to determine the girl's parentage, and hence her nationality.

"We have information on her parents. If she is Malaysian, she should be brought back here," said Bukit Aman public relations officer Shamsuddin Ali.

Approached for assistance

The girl's Malaysian lawyer, Ng Aik Guan, however, refused to comment on whether he will continue to represent the girl if it is proven that she is Malaysian.

"We will cross the bridge when we come to it," said Ng when contacted on Monday.

Ng and another lawyer, Gerald John, had agreed to represent the girl pro bono (free of charge) after being approached for assistance by the Philippine government.

Allegations of rape of the minor while in detention at a Sabah immigration camp surfaced in the midst of a mass repatriation exercise of illegal immigrants carried out following the implementation of new immigration laws.

A team of three police officers had been appointed to look into the case after Philippine President Gloria Macapagal-Arroyo wrote a strongly worded letter to Prime Minister Dr Mahathir Mohamad urging severe punishment of those responsible.

Seven identified

Shamsuddin told malaysiakini that both the girl's parents had been located and are said to be living in Malaysia.

However, he declined to comment on the reasons the girl was deported in the first place if she was Malaysian.

Asked about the progress of the investigations on the officers alleged to have raped the girl, Shamsuddin said, "We have no details at the moment. Based on latest reports, the girl is said to have identified seven persons from photographs."

He gave his assurance that action will be taken against the officers if they are found to have raped the girl. "We will uphold the law," he said.

Relations between Malaysia and the Philippines soured over allegations that Filipino illegal immigrants may have been ill-treated and subjected to sexual abuse by Malaysian enforcement authorities while in detention.

Since August, police had launched a nationwide campaign to crack down on illegal immigrants after new laws came into force allowing for the jailing and caning of those found without proper documentation.