G.R. No. L-21289 – 41 SCRA 292 – 148-B Phil. 773 – Political Law – Constitutional Law – Citizenship – Marriage of an Alien Woman to a Filipino – Commonwealth Act No. 473
In February 1961, Lau Yuen Yeung, a Chinese woman, entered the Philippines as a temporary visitor. A bond was posted for her and she was allowed to stay for a month. Later, her stay was granted extension until February 1962. In January 1962, Lau Yuen Yeung married Filipino Moy Ya Lim, also known as Edilberto Aguinaldo Lim. As Lau Yuen Yeung feared being deported, she filed an injunction case against the Commissioner of Immigration to enjoin him from deporting her. Lau Yuen Yeung argued that she became a Filipino by reason of her marriage with Edilberto in accordance with Sec. 15 of Commonwealth Act No. 473 which reads:
Effect of the naturalization on wife and children. — Any woman who is now or may hereafter be married to a citizen of the Philippines, and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines.
The COI opposed her petition on the ground that an alien woman’s marriage to a Filipino does not ipso facto make her a Filipino. The alien must still comply with the naturalization requirements under CA No. 473 which are:
- Must be not less than twenty-one years of age on the day of the hearing of the petition.
- Must have resided in the Philippines for a continuous period of not less than five years.
- Must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living.
- Must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation.
- Must be able to speak and write English or Spanish and any one of the principal Philippine languages.
- Must have enrolled his minor children of school age, in any of the public or private schools in the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.
Lau Yuen Yeung failed to comply with the requisites and her marriage with Edilberto was merely intended to avoid deportation.
The trial court ruled in favor of the COI. It ruled that under Sec. 15, it is clear by the phrase “who might herself be naturalized” that an alien woman marrying a Filipino does not automatically become a Filipino, she must first undergo naturalization proceedings.
ISSUE: Whether or not the trial court is correct.
HELD: No. The SC, after looking into the history of CA 473 which was merely copied from the United States of America, and after looking into the interpretation made by American courts on the subject provision, interpreted the phrase “who might herself be naturalized” to mean that 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.
Who are disqualified to be naturalized as citizens?
- Persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments;
- Persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas;
- Polygamists or believers in the practice of polygamy;
- Persons convicted of crimes involving moral turpitude;
- Persons suffering from mental alienation or incurable contagious diseases;
- Persons who, during the period of their residence in the Philippines, have not mingled socially with the Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos;
- Citizens or subjects of nations with whom the United States and the Philippines are at war, during the period of such war;
- Citizens or subjects of a foreign country other than the United States whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof.
