JAO
vs. REPUBLIC
G.R. No. L-29397, March 29, 1983
FACTS:
The
petitioner filed a petition in the CFI of Davao for repatriation under
Commonwealth Act No. 63, as amended, alleging therein that although her father
was Chinese, she was a citizen of the Philippines because her mother was a
Filipina who was not legally married to her Chinese husband; that she lost
her Philippine citizenship when she married Go Wan, a Chinese; and that Go Wan
died in September 6, 1962. Petitioner further alleged that her illiterate
mother erroneously registered her as an alien with the Bureau of Immigration,
by virtue of which she was issued Alien Certificate of Registration. The
petition contains no prayer for relief.
The
petition was not published, but notice thereof was served on the Provincial
Fiscal who appeared at the hearing but presented no evidence. After receiving
the evidence of the petitioner, the trial court issued an Order declaring the
petitioner as "judicially repatriated," and ordering the cancellation
of her alien certificate of registration. The Provincial Fiscal, in behalf of
the Republic of the Philippines, took this appeal.
ISSUE:
WON
one may be repatriated by judicial proceedings
HELD:
The
proceedings taken in the trial court are a complete nullity. There is no
law requiring or authorizing that repatriation should be effected by a judicial
proceeding. All that is required for a female citizen of the Philippines who
lost her citizenship to an alien to reacquire her Philippine citizen, upon the
termination of her marital status, "is for her to take necessary oath
of allegiance to the Republic of the Philippines and to register the
said oath in the proper civil registry" (Lim vs. Republic, 37 SCRA 783).
Moreover,
the petitioner's claim of Philippine citizenship prior to her marriage for
being allegedly an illegitimate child of a Chinese father and a Filipino mother
may not be established in an action where the mother or her heirs are not parties
(Tan Pong vs. Republic, 30 Phil. 380). It is the consistent rule in this
jurisdiction that Philippine citizenship may not be declared in a
non-adversary suit where the persons whose rights are affected by such a
declaration are not parties, such as an action for declaratory relief (Tiu
Navarro vs. Commissioner of Immigration, 107 Phil. 632) a petition for judicial
repatriation (Lim vs. Republic, supra), or an action to cancel registration as
an alien (Tan vs. Republic, L-16108, Oct. 31, 1961). As was held in Lim vs.
Republic, supra, "there is no proceeding established by law or the rules
by which any person claiming to be a citizen may get a declaration in a court
of justice to that effect or in regard to his citizenship."
Note: Although Jao’s citizenship
prior to her marriage to a Chinese husband needed judicial confirmation, the
process of repatriation itself (i.e., of reacquiring that citizenship)
involves a purely administrative proceeding.
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