Mo Ya Lim Yao Vs Commisioner of Immigration

MO YA LIM YAO VS COMMISIONER OF IMMIGRATION
GR. NO. L-21289, OCTOBER 4, 1971

BARREDO, J:
FACTS:
On Feb 8, 1971, Lau Yuen Yeung applied for a passport visa to enter in the Philippines as a non-
immigrant. She stated that she was a Chinese residing in Kowloon, HK and she desired to take a pleasure
trip to the PH to visit her great grand uncle Lau Ching Ping for a period of one month. She was permitted
to have a trip from March 13, 1961-April 13, 1961. In her date of arrival, Asher Y. Cheng filed a bond in
the amount of 1000 to undertake that said Lau Yuen Yeung would actually depart from the PH on or
before the expiration of her authorized period of stay or within the period as his discretion Comm. Of
Immigration. After repeated extensions, petitioner Lau was allow to stay in the PH up to Feb 13, 1962.
On Jan 25, 1962, she contracted marriage with Moy Ya Lim Yao alias Edilberto Aguinaldo Lim, a Filipino.
Because of the contemplated action of respondent to confiscate her bond and order her arrest and
immediate deportation, after the expiration of her authorized stay, she brought this action for injunction
w/ preliminary injunction. At the hearing that took place 1 and yrs after her arrival, it was admitted
that petitioner Lau could not speak and write either English or Tagalog, except for few words.
ISSUE: WON Lau Yuen Yeung became ipso facto a Filipino citizen upon her marriage to a Filipino citizen
HELD: Yes.
The court expressly gave the parties concerned the opportunity to prove the facts that they were not
suffering from any of the disqualifications of the law without the need of undergoing any judicial
naturalization proceeding. It may be stated that in the law of this country, on the matter of the effect of
marriage of an alien woman to a Filipina is that she thereby becomes a Filipina, if it be proven that at the
time of such marriage, she does not possess any of the disqualifications enumerated in Sec. 4 of the
Naturalization Law, w/o the need of submitting to any naturalization proceeding under the law.
Under Section 15 of Naturalization Law, Commonwealth Act 473 providing that: any woman, who is
now or may thereafter be married to a citizen of the Philippines, and who might herself be lawfully
naturalized shall be deemed a citizen of the Philippines.
Whether we like it or not, it is undeniably factual that the legal provision we are construing, Sec 15, of
the Naturalization Law has been taken directly, copied and adopted from its American counterpart. To be
more accurate, said provision is nothing less than a reenactment of the American provision.
In the opinion of Chief Justice Concepcion, it was quite clear that for an alien woman who marries a
Filipino to become herself a Filipino citizen, there is no need for any naturalization proceeding because
she becomes a Filipina ipso facto from the time of such marriage, provided she does not suffer any of the
disqualifications enumerated in Sec 4 of Comm. Act 473.
Section 4 reads:
1. Person opposed to organized government or affiliate with any associations or group of persons who
uphold and teach doctrines opposing all organized governments.
2. Persons defending or teaching the necessity
of propriety of violence, personal assault, or assassination for the success and predominance of their
ideas.
3. Polygamists, or believers in the practice of polygamy.
4. Persons convicted of crimes involving moral turpitude.
5. Persons suffering from mental alienation or incurable contagious diseases.
6. 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.
7. Citizens or subjects of nations with whom the Philippines are at war, during the period of such war.
8. Citizens or subjects of a foreign country other than United States, whose laws does not grant Filipinos
the right to become naturalized citizens or subjects thereof.
The supreme court is persuaded that it is in the best interest of all concerned that Sec 15 of the
Naturalization Law be given effect in the same way as it was understood and construed when the phrase
who may be lawfully naturalized, found in the American stature from which it was borrowed and
copied verbatim, was applied by the American courts and administrative authorities. After citing several
cases decided by the Supreme court, the phrase who may be lawfully naturalized refer to a class or
race who might be lawfully naturalized, and that compliance with the other conditions of the
naturalization laws was not required.
Therefore, the judgment of the court dismissing the appellants petition for injunction is hereby reversed
and the Comm of Immigration and or authorized representative is permanently enjoined from causing
arrest and deportation and the confiscation of the bond appellant Lau Yuen Yeung, who is hereby
declared to have become a Filipino citizen from and by the virtue of her marriage to her co-appellant
Moy Ya Lim Yao.

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MO YA LIM YAO VS COMMISIONER OF IMMIGRATION

GR. NO. L-21289, OCTOBER 4, 1971

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