MOY
YA LIM YAO vs. COMMISSIONER OF IMMIGRATION
G.R. No. L-21289, 4 october
1971
Facts:
On
13 March 1961, Lau Yuen Yeung, a Chinese residing at Kowloon, Hongkong, was
permitted to come into the Philippines for a period of one month until 13 April
1961 through a non-immigrant visa. On the date of her arrival, Asher Y. Cheng
filed a bond in the amount of P1,000.00 to undertake, among others, that said
Lau Yuen Yeung would actually depart from the Philippines on or before the
expiration of her authorized period of stay in this country or within the
period as in his discretion the Commissioner of Immigration or his authorized
representative might properly allow. After repeated extensions, Lau Yuen Yeung
was allowed to stay in the Philippines up to 13 February 1962.
On
25 January 1962, she contracted marriage with Moy Ya Lim Yao alias Edilberto
Aguinaldo Lim an alleged Filipino citizen. Because of the contemplated action
of the Commissioner of Immigration to confiscate her bond and order her arrest
and immediate deportation, after the expiration of her authorized stay, she
brought an action for injunction with preliminary injunction. At the hearing
which took place one and a half years after her arrival, it was admitted that
Lau Yuen Yeung could not write either English or Tagalog. Except for a few
words, she could not speak either English or Tagalog. She could not name any
Filipino neighbor, with a Filipino name except one, Rosa. She did not know the
names of her brothers-in-law, or sisters-in-law. The Court of First Instance of
Manila denied the prayer for preliminary injunction. Moya Lim Yao and Lau Yuen
Yeung appealed.
Issue:
Whether
Lau Yuen Yeung ipso facto became a Filipino citizen upon her marriage to a
Filipino citizen.
Held:
Under
Section 15 of Commonwealth Act 473, an alien woman marrying a Filipino, native
born or naturalized, becomes ipso facto a Filipina provided she is not
disqualified to be a citizen of the Philippines under Section 4 of the same
law. Likewise, an alien woman married to an alien who is subsequently
naturalized here follows the Philippine citizenship of her husband the moment
he takes his oath as Filipino citizen, provided that she does not suffer from
any of the disqualifications under said Section 4. Whether the alien woman
requires to undergo the naturalization proceedings, Section 15 is a parallel
provision to Section 16. Thus, if the widow of an applicant for naturalization
as Filipino, who dies during the proceedings, is not required to go through a naturalization
proceedings, in order to be considered as a Filipino citizen hereof, it should
follow that the wife of a living Filipino cannot be denied the same privilege.
This is plain common sense and there is absolutely no evidence that the Legislature intended to treat them differently. As the laws of our country, both substantive and procedural, stand today, there is no such procedure (a substitute for naturalization proceeding to enable the alien wife of a Philippine citizen to have the matter of her own citizenship settled and established so that she may not have to be called upon to prove it every time she has to perform an act or enter into a transaction or business or exercise a right reserved only to Filipinos), but such is no proof that the citizenship is not vested as of the date of marriage or the husband's acquisition of citizenship, as the case may be, for the truth is that the situation obtains even as to native-born Filipinos. Every time the citizenship of a person is material or indispensible in a judicial or administrative case, whatever the corresponding court or administrative authority decides therein as to such citizenship is generally not considered as res adjudicata, hence it has to be threshed out again and again as the occasion may demand. Lau Yuen Yeung, was declared to have become a Filipino citizen from and by virtue of her marriage to Moy Ya Lim Yao al as Edilberto Aguinaldo Lim, a Filipino citizen of 25 January 1962.
This is plain common sense and there is absolutely no evidence that the Legislature intended to treat them differently. As the laws of our country, both substantive and procedural, stand today, there is no such procedure (a substitute for naturalization proceeding to enable the alien wife of a Philippine citizen to have the matter of her own citizenship settled and established so that she may not have to be called upon to prove it every time she has to perform an act or enter into a transaction or business or exercise a right reserved only to Filipinos), but such is no proof that the citizenship is not vested as of the date of marriage or the husband's acquisition of citizenship, as the case may be, for the truth is that the situation obtains even as to native-born Filipinos. Every time the citizenship of a person is material or indispensible in a judicial or administrative case, whatever the corresponding court or administrative authority decides therein as to such citizenship is generally not considered as res adjudicata, hence it has to be threshed out again and again as the occasion may demand. Lau Yuen Yeung, was declared to have become a Filipino citizen from and by virtue of her marriage to Moy Ya Lim Yao al as Edilberto Aguinaldo Lim, a Filipino citizen of 25 January 1962.
0
Comments
