Title
Board of Immigration Commissioners vs. Callano
Case
G.R. No. L-24530
Decision Date
Oct 31, 1968
The Go Callano brothers, born to a Filipino mother, were recognized as Filipino citizens despite prolonged stay in China. Their citizenship was upheld, and an exclusion order was deemed invalid due to lack of due process.
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Case Digest (G.R. No. L-24530)

Facts:

  1. Background of the Case:

    • The Go Callano brothers (Beato, Manuel, Gonzalo, and Julio) were born to Emilia Callano, a Filipino citizen, and Go Chiao Lin, a Chinese citizen, out of wedlock. They were born in the Philippines between 1936 and 1945.
    • In 1946, the family moved to China, where Go Chiao Lin died the same year. Emilia returned to the Philippines in 1948, leaving her children in China.
    • The brothers later moved to Hongkong, where they sought entry into the Philippines as Filipino citizens in 1961.
  2. Documentation and Entry into the Philippines:

    • The Philippine Consulate General in Hongkong issued certificates of registration and identity to the brothers after receiving a cable authorization (No. 2230-V) from the Department of Foreign Affairs.
    • The brothers arrived in Manila on December 26, 1961, but their documents were questioned by the Immigration Inspector, leading to an investigation by the Board of Special Inquiry.
    • On January 4, 1962, the Board admitted the brothers as Filipino citizens.
  3. Allegations of Forgery and Cancellation of Documents:

    • On July 13, 1962, the Department of Foreign Affairs declared the cable authorization a forgery and canceled the brothers' documents without prior notice or hearing.
    • On August 21, 1962, the Board of Immigration Commissioners reversed the Board of Special Inquiry's decision, ordering the brothers' exclusion as improperly documented aliens.
  4. Legal Proceedings:

    • The brothers filed an injunction case in the Court of First Instance of Manila, arguing they were Filipino citizens and that the exclusion order violated due process.
    • The Court found the brothers to be illegitimate children of a Filipino mother but dismissed their case, holding they were Chinese citizens due to their prolonged stay in China and recognition by their Chinese father.
    • The Court of Appeals reversed the lower court's decision, ruling that the brothers did not lose their Filipino citizenship.

Issue:

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Ruling:

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Ratio:

  1. Citizenship by Birth:

    • Under Philippine law, the Go Callano brothers were Filipino citizens at birth as illegitimate children of a Filipino mother. Their citizenship was not lost by their prolonged stay in China or recognition by their Chinese father, as these acts do not constitute express renunciation of Philippine citizenship.
  2. Forgery of Cable Authorization:

    • The alleged forgery of the cable authorization did not affect the brothers' citizenship status, as their documentation by the Philippine Consulate in Hongkong was based on their status as children of a Filipino mother. The documentation process was not dependent on the cable authorization.
  3. Due Process Violation:

    • The exclusion order was issued without notice or hearing, violating the brothers' right to due process. Administrative decisions affecting rights must comply with procedural due process.
  4. Res Judicata and Judicial Review:

    • Decisions of the Board of Immigration Commissioners do not constitute res judicata and can be challenged in court, especially when issued without due process or based on legal errors.


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