Mo Ya Lim Yao vs. Commisioner of Immigration

FACTS:

On February 18, 1961, the petitioner, Lau Yeun Yueng, applied for passport visa (visitor’s visa) as a non-immigrant. Upon arrival, Asher Cheng was filed a bond, as assurance that Yueng will leave the country on or before the day of expiration of her authorized stay in the Philippines. Her stay was extended until 1962. She also contracted a marriage with Mo Ya Lim Yao or Edilberto Aguinaldo Lim. Because of the anticipated course of action of the authorities, which involves the confiscation of her bond and her arrest, she filed for injunction with preliminary injunction. After a year and a half, it was concluded that she cannot speak nor write in Filipino and English. The court concluded that the preliminary injunction cannot be sustained because she does not meet all the qualifications. This is clearly stated in Section 15 of the Revised Naturalization Law which provides:

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 couple appealed.

ISSUE: Whether or not the petitioner ipso facto was naturalized and became a Filipino citizen upon contracting marriage with a Filipino.

RULING: Yes. The Court declared Lau Yeun Yueng as a Filipino citizen by virtue of her marriage with Mo Ya Lim Lao. The representative is also enjoined from confiscation bond and causing arrest and deportation of the petitioner.

RATIONALE: The Section “provided that "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." has been amended because of the problematic interpretations from various cases presented. In the end, it only means 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 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.

Regarding the steps that should be taken by an alien woman married to a Filipino citizen in order to acquire Philippine citizenship, the procedure followed in the Bureau of Immigration is as follows: The alien woman must file a petition for the cancellation of her alien certificate of registration alleging, among other things, that she is married to a Filipino, citizen and that she is not disqualified from acquiring her husband's citizenship pursuant to section 4 of Commonwealth Act No. 473, as amended. Upon the filing of said petition, which should be accompanied or supported by the joint affidavit of the petitioner and her Filipino husband to the

effect that the petitioner does not belong to any of the groups disqualified by the cited section from becoming naturalized Filipino citizen (please see attached CEB Form 1), the Bureau of Immigration conducts an investigation and thereafter promulgates its order or decision granting or denying the petition.