G.R. No. 99358 – 310 Phil. 848 – Political Law – General Principles – Elements of a State – Citizens – Citizenship – Aliens are not guaranteed entry to the Philippines
Alien woman’s marriage to a Filipino does not automatically make her a Filipino
Bernard Banez went to Indonesia to work there. Later, he converted to Islam. In 1974, despite being married to a Filipina (Marina Cabael), Bernard married Djumantan, an Indonesian. They had two children.
In 1979, Bernard returned to the Philippines. In the same year, Djumantan followed him. Bernard brought Djumantan and their children to his family home and accepted Djumantan and the children as guests.
Two years later, Marina found out the real relationship between Bernard and Djumantan. Before she could file an immigration case against Djumantan, Djumantan was able to secure a permanent residency status. In 1982, an immigration case was formally lodged against Djumantan and she was arrested by the immigration. She was later released on bail.
Djumantan argued that she cannot be deported because she is married to a Filipino and that it would be wrong to force her and her children to live separately from Bernard.
In 1990, a deportation order was issued against Djumantan by Commissioner Andrea Domingo. Hence, this petition.
ISSUE: Whether or not Djumantan may be deported.
HELD: No. The action against Djumantan has already lapsed. Under the Immigration Act, the government has only five years to deport aliens who entered the Philippines through misrepresentation.
In this case, there was misrepresentation when Djumantan entered the Philippines but despite complaints filed by Marina and her son in 1982, no proper action was done by the government. It was only in 1990 that a deportation order was issued which was beyond the prescriptive period.
Nevertheless, the SC emphasized that the right of the State, through the President, to expel or deport aliens whose presence is deemed inimical to the public interest is as absolute and unqualified as the right to prohibit and prevent their entry into the country. This right is based on the fact that since the aliens are not part of the nation, their admission into the territory is a matter of pure permission and simple tolerance which creates no obligation on the part of the government to permit them to stay. The interest, which an alien has in being admitted into or allowed to continue to reside in the country, is protected only so far as Congress may choose to protect it.
There is no law guaranteeing aliens married to Filipino citizens the right to be admitted, much less to be given permanent residency, in the Philippines. The fact of marriage by an alien to a citizen does not withdraw her from the operation of the immigration laws governing the admission and exclusion of aliens. Marriage of an alien woman to a Filipino husband does not ipso facto make her a Filipino citizen and does not excuse her from her failure to depart from the country upon the expiration of her extended stay here as an alien.
Compare this case with Moy Ya Lim Yao vs COI.
