Case Digest (G.R. No. L-21426)
Facts:
Ang Ngo Chiong, Sze Sook Yuen Alias Sy Siok Gan, Ang Un Bon And Ang Cho Sit, G.R. No. L-21426, October 22, 1975, Supreme Court Second Division, Aquino, J., writing for the Court.Petitioners-appellees are Ang Ngo Chiong, his wife Sze Sook Yuen (alias Sy Siok Gan), and their children Ang Un Bon and Ang Cho Sit (a third child, Ester Sy Ang, was born during the litigation). Respondent-appellant is Emilio Galang, in his capacity as Commissioner of Immigration.
Ang Ngo Chiong emigrated from Sin Koe, Chinkiang, China to the Philippines in 1939 and became a permanent Chinese resident of Manila. He returned to China in 1947 and there married Sze Sook Yuen; two children resulted from that marriage. Ang Ngo Chiong later returned to Manila without his wife and children. On March 7–8, 1960 Sze Sook Yuen and her two children applied for and were admitted to the Philippines as temporary visitors; their stay was repeatedly extended and the children enrolled in local colleges.
Ang Ngo Chiong filed a petition for naturalization in the Court of First Instance (Civil Case No. 47663); his hearing was set for August 2, 1961. The last extension of stay for his wife and children expired August 8, 1961; the Commissioner of Immigration ordered them to leave. On August 4, 1961, four days before the expiration, the spouses and children filed a special civil action for prohibition in the Court of First Instance (Civil Case No. 47705) to restrain the Commissioner from arresting and deporting them and from forfeiting their P3,000 cash bond.
The trial court initially denied a writ of preliminary injunction on August 9, 1961; the Commissioner on August 11, 1961 issued arrest warrants and directed forfeiture of the bond. The trial court later reconsidered and issued the writ of preliminary injunction restraining arrest and bond forfeiture. During the case, a third child, Ester Sy Ang, was born on November 5, 1961. The Court of First Instance granted Ang Ngo Chiong's petition for naturalization on September 8, 1962; the decision became final and he took his oath of allegiance on December 5, 1964.
After trial the lower court, by decision dated May 30, 1963, granted the writ of prohibition and enjoined the Commissioner from arresting and deporting Sze Sook Yuen and her three children. The trial court based its judgment on three grounds: that the wife and children acquired Philippine citizenship by reason of Ang Ngo Chiong’s na...(Subscriber-Only)
Issues:
- Did petitioners Sze Sook Yuen and her children acquire Philippine citizenship by virtue of Ang Ngo Chiong’s naturalization under Section 15 of the Revised Naturalization Law?
- Is Section 37(a) of the Immigration Law unconstitutional insofar as it authorizes the Commissioner of Immigration to issue warrants of arrest for deportable aliens?
- Was the form of the bond used by petitioners illegal such that they could impugn it...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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