1) The case involved Vicente Chin, a man born in the Philippines to a Chinese father and Filipino mother, who applied to take the Philippine Bar exams. The Court denied his application because he elected Philippine citizenship beyond the reasonable time allowed, which was 8-14 years after reaching the age of majority.
2) The case also discussed Lau Yuen Yeung, a Chinese woman who married a Filipino man while in the Philippines on a temporary visa. The Court ruled that she acquired Philippine citizenship by virtue of her marriage.
3) The ruling established that foreign women who marry Filipino citizens automatically become Filipinas, removing racial requirements for naturalization. However, it could be used to circumvent the restrictive
CORNELIA MATABUENA, Plaintiff-Appellant, v. PETRONILA CERVANTES, Defendant-Appellee. Alegre, Roces, Salazar & Sañez, For Plaintiff-Appellant. Fernando Gerona, JR., For Defendant-Appellee
1) The case involved Vicente Chin, a man born in the Philippines to a Chinese father and Filipino mother, who applied to take the Philippine Bar exams. The Court denied his application because he elected Philippine citizenship beyond the reasonable time allowed, which was 8-14 years after reaching the age of majority.
2) The case also discussed Lau Yuen Yeung, a Chinese woman who married a Filipino man while in the Philippines on a temporary visa. The Court ruled that she acquired Philippine citizenship by virtue of her marriage.
3) The ruling established that foreign women who marry Filipino citizens automatically become Filipinas, removing racial requirements for naturalization. However, it could be used to circumvent the restrictive
1) The case involved Vicente Chin, a man born in the Philippines to a Chinese father and Filipino mother, who applied to take the Philippine Bar exams. The Court denied his application because he elected Philippine citizenship beyond the reasonable time allowed, which was 8-14 years after reaching the age of majority.
2) The case also discussed Lau Yuen Yeung, a Chinese woman who married a Filipino man while in the Philippines on a temporary visa. The Court ruled that she acquired Philippine citizenship by virtue of her marriage.
3) The ruling established that foreign women who marry Filipino citizens automatically become Filipinas, removing racial requirements for naturalization. However, it could be used to circumvent the restrictive
1) The case involved Vicente Chin, a man born in the Philippines to a Chinese father and Filipino mother, who applied to take the Philippine Bar exams. The Court denied his application because he elected Philippine citizenship beyond the reasonable time allowed, which was 8-14 years after reaching the age of majority.
2) The case also discussed Lau Yuen Yeung, a Chinese woman who married a Filipino man while in the Philippines on a temporary visa. The Court ruled that she acquired Philippine citizenship by virtue of her marriage.
3) The ruling established that foreign women who marry Filipino citizens automatically become Filipinas, removing racial requirements for naturalization. However, it could be used to circumvent the restrictive
Petition for Admission to the Phil Bar. FACTS: April 1964: Vicente D Chin !orn as the leitimate son of sps Tat Chin" Chinese citi#en" and Prescila D$la%" Filipina" in &a 'nion. Since !irth" Chin has resided in the Phils ($l% 199): Chin" after rad$atin from St. &o$is 'ni*ersit% in Ba$io Cit%" filed an application to ta+e the ,9) Bar -.aminations. Sept 199): Co$rt allo/ed Chin to ta+e the e.ams pro*ided he m$st s$!mit proof of his Phil citi#enship 0o* 199): Chin s$!mitted certification that he is CPA" Voter Cert from C12-&-C" and Cert as a mem!er of the San$nian Ba%an of T$!ao" &a 'nion also from C12-&-C. April 1999: res$lts of Bar -.ams /ere released and Chin passed. 3e /as f$rther re4$ired to s$!mit more proof of citi#enship. ($l% 1999: Chin filed 2anifestation /5 Affida*it of -lection of Phil Citi#enship and his 1ath of Alleiance. 1S6 commented that Chin !ein the 7leitimate child of a Chinese father and a Filipino mother and !orn $nder the 1989 Consti /as a Chinese citi#en and contin$ed to !e so" $nless $pon reachin the ae of ma:orit% he elected Phil citi#enship. ;f Chin formall% elects Phil citi#enship" it /o$ld alread% !e !e%ond the reasona!le time allo/ed !% present :$rispr$dence. T/o conditions of an effecti*e election of Phil citi#enship <from 1S6=: 1 st > the mother of the person ma+in the election m$st !e a Phil citi#en ? nd > election m$st !e made $pon reachin the ae of ma:orit% </5c means a reasona!le time interpreted !% the Sec of ($stice as 8 %rs" from the Vela%o case" and ma% !e e.tended $p to @ %rs" from the C$enco case ;SS'-S: 1= A10 Chin has elected Phil citi#enship /5in a reasona!le time ?= ;f affirmati*e" A10 his citi#enship has retroacted to the time he too+ the !ar. 3-&D: Co$rt denies Vicente D Chin,s application for admission to the Philippine Bar <o$chB= CAT;1: 1D ?= 0o" Chin,s election /as clearl% !e%ond" !% an% reasona!le %ardstic+" the allo/a!le pd /5in /hich to e.ercise the pri*ilee. Bein !orn in April 1964" he /as alread% 89 %rs old /hen he complied /5 the re4$irements of C.A. 0o 6?9 in ($ne ,99. 3e /as alread% more then 14 %rs o*er the ae of ma:orit%. Altho$h the Co$rt is s%mpathetic of his pliht" controllin stat$es and :$rispr$dence compel the Co$rt in its decision. Also" Chin has offered no reason /h% he dela%ed his election of Phil citi#enship" the latter not !ein a tedio$s and painsta+in process. Philippine citizenship can never be treated like a commodity that can be claimed when needed and suppressed when convenient. ;t sho$ld !e a*ailed of /ith fer*or" enth$siasm and promptit$de. Moya Lim Yao alias Edilberto Aguinaldo Lim, and Lau Yuen Yeung v. Commiioner o! Immigration <19@1= Appeal from a decision of CF; of 2anila FACTS: Fe! 1961: 2s &a$ E$en Ee$n" 3F Chinese" applied for a passport temporar% *isa to enter Phils as nonGimmirant. P$rpose of pleas$re trip /as to *isit her reat rand $ncle &a$ Chin Pin for a month. 2arch 1961: Visa ranted. -.piration date after 1 month > April 18" 1961. Visa,s e.pir% e.tended man% times. Date of her arri*al: !ond of P1"HHH filed !% Asher Chen to ens$re her depart$re !efore *isa e.pires. (an ?9" 196?: &a$ E$en Ee$n married 2o%a &im Eao" a Filipino citi#en. Fe! ?)" 196?: Final date of *isa e.piration. Commissioner of ;mmiration ordered plaintiff &a$ E$en Ee$n to lea*e the Phils" ca$se her arrest and immediate deportation. Plaintiff !rins this action to co$rt for iss$ance of /rit of in:$nction. Co$rt hearin 1H months after the marriae: Plaintiff is @ mos prenant. F$rthermore" she /as fo$nd $na!le to /rite either -nlish or Taalo. She co$ld not name an% Filipino neih!o$r e.cept for one" Cosa. She did not +no/ the names of her !ros5sistersGinGla/. ;SS'-S: 1= A10 plaintiff ma% !e deemed a Phil citi#en !% *irt$e of her marriae to a Filipino ?= ;f affirmati*e" A10 her marriae to coGplaintiff :$stified or e.c$sed her fail$re to depart from the Phils !efore date of e.piration of *isa. 3-&D: ($dment dismissin petition for in:$nction re*ersed and set aside. &a$ E$en Ee$n declared to ha*e !ecome a Filipino citi#en from and !% *irt$e of her marriae to 2o%a &im. CAT;1: 1) Alein /oman /ho marries a Fil citi#en" nati*eG!orn or nat$rali#ed" ipso facto !ecomes a Filipina pro*ided she is not dis4$alified to !e a citi#en of the Phils $nder Sec 4 of C.A. 4@8. &i+e/ise" an alien /oman married to an alien /ho is s$!se4$entl% nat$rali#ed here follo/s the Phil citi#enship of her h$s!and the moment he ta+es his oath as Fil citi#en" pro*ided that she does not s$ffer from an% of the dis4$alifications $nder Sec.4. The !asis of the :$dment is Sec 19 of the 0at$rali#ation &a/" /5c in t$rn /as ta+en directl%" copied *er!atim and adopted from its American co$nterpart. From CONSTITUTIONAL LAW I the histor% of the la/ traced in the case" it is sho/n that the American pro*ision sho/s intent to remo*e racial re4$irements for nat$rali#ation. 3ence" settled is the r$le in stat$tor% constr$ction that la/s if modelled and copied from another state la/ m$st !e $nderstood and constr$ed in the :$risdiction /hich the% /ere ta+en. 2) Ees" there is no reason /h% an alien /ho has !een in the Phils as a temporar% *isitor !$t /ho has in the mean/hile !ecome Filipino sho$ld !e re4$ired to still lea*e the Phils for a forein co$ntr%" onl% to appl% for a reGentr% and $ndero the same process of sho/in that he is entitled to come !ac+. Consider the case of minor children of an alien /ho is nat$rali#ed: ;t is o!*io$s that the% !ecome ipso facto citi#ens of the Phils. ;t is $nreasona!le that the% still ha*e to !e ta+en a!road so that the% ha*e a riht to ha*e permanent residence here. 0at$rali#ation of an alien *isitor as a Phil citi#en loicall% prod$ces the effect of conferrin $pon the person ipso facto all the rihts of citi#enship incl$din entitlement to permanentl% sta% in the Phils o$tside the or!it of a$thorit% of the Comm of ;mmiration !eca$se the ;mmiration &a/ is a la/ onl% for aliens and is inapplica!le to Phil citi#ens. ;n reference" Sec 9 of the ;mmiration Act states: An alien /ho is admitted as a nonGimmirant cannot remain in the Phils permanentl%. To obtain permanent admission" a nonGimmirant alien m$st first depart *ol$ntaril% to some forein co$ntr% D proc$re from the appropriate Phil cons$l the proper *isa D thereafter $ndero e.amination !% the officers of the B$rea$ of ;mmiration at a Phil port of entr% for determination of his admissi!ilit% in accordance /5 the re4$irements of this Act. ;2P&;CAT;10S 1F 21EA &;2 EA1 C'&;06: ;t finall% settled the lon dra/n contro*ers% o*er the citi#enship stat$s of alien /omen /ho marr% Philippine citi#ens. ;t re*ersed former r$lins <i.e. B$rca r$lin= /herein alien /omen /ho marr% Filipino citi#ens do not ac4$ire automatically Philippine citi#enship. 'nder the ne/ doctrine" an alien /oman marr%in a Filipino citi#en sho$ld not !e dis4$alified from !ecomin a citi#en. 2oreo*er" she need not pro*e that she possesses all the 4$alifications. 2oreo*er" this r$lin is more consistent /ith the spirit of famil% solidarit% as manifested in the CC <Art 9?= $nli+e the B$rca r$lin /hich in effect di*ides and separates 3 from A in i*in all the 4$alificaations and re4$irements to !ecome a nat$rali#ed citi#en. 3o/e*er" this ne/ r$lin miht !e $sed as a con*enient means of circ$m*entin the restricti*e policies of the Phil 0at$rali#ation &a/. B$t in case of do$!t" the nat$rali#ation la/ sho$ld !e riidl% enforced and strictl% constr$ed in fa*or of the o*t and aainst the applicant for citi#enship. Dissentin 1pinion" ( Ce%es: The adoption of similar r$lins in the American co$rts is tena!le if and onl% if the Phil stat$te had !een in its entirety a reprod$ction of the American model. The spirit of the American la/" decidedl% fa*ora!le to the a!sorption of immirants is not in o$r Consti and la/s.
CORNELIA MATABUENA, Plaintiff-Appellant, v. PETRONILA CERVANTES, Defendant-Appellee. Alegre, Roces, Salazar & Sañez, For Plaintiff-Appellant. Fernando Gerona, JR., For Defendant-Appellee