Case Digest (G.R. No. L-22196)
Facts:
In G.R. No. L-22196, decided June 30, 1967 under the 1935 Constitution, petitioners Esteban Morado, Chan Sau Wah, a Chinese national born January 6, 1932 in Fukien, China, and her minor son Fu Yan Fun, born September 11, 1957 in Hong Kong, arrived in the Philippines on November 23, 1961 as temporary visitors under a two-month visa upon posting a ₱4,000 cash bond. On January 24, 1962 Chan Sau Wah validly married Esteban Morado, a natural-born Filipino, and they had a child that September. After securing several visa extensions, which expired on September 10, 1962, the Commissioner of Immigration, Hon. Martiniano Vivo, ordered Chan Sau Wah and her son to depart or face arrest and bond forfeiture. Rather than comply, Chan Sau Wah (joined by her husband) and Fu Yan Fun filed Civil Case No. 51538 in the Court of First Instance of Manila for mandamus to cancel Chan Sau Wah’s Alien Certificate of Registration and prohibition against any deportation or arrest warrant. On November 3, 196Case Digest (G.R. No. L-22196)
Facts:
- Entry and family background
- Chan Sau Wah, Chinese citizen born January 6, 1932, arrived in the Philippines on November 23, 1961, to visit her cousin. She left two elder children in Fukien, China, and brought her minor son Fu Yan Fun (born September 11, 1957 in Hong Kong).
- Both were admitted as nonimmigrant temporary visitors for two months upon posting a cash bond of ₱4,000.
- Marriage, extensions and birth
- On January 24, 1962, Chan Sau Wah married Esteban Morado, a natural-born Filipino. Their son Esteban Morado, Jr. was born September 16, 1962.
- They secured successive extensions of stay, the last expiring September 10, 1962.
- Deportation order and trial court proceedings
- By letter dated August 31, 1962, the Acting Commissioner of Immigration ordered Chan Sau Wah and Fu Yan Fun to depart by September 10 or face arrest and bond forfeiture.
- On September 10, 1962, petitioners filed in the CFI of Manila for mandamus (to cancel Alien Certificate of Registration) and prohibition (to restrain warrants of arrest). A preliminary injunction was issued November 3, 1962 on a ₱2,000 bond.
- After stipulated facts and trial, the CFI (November 3, 1962) declared Chan Sau Wah a Filipino citizen, granted her mandamus and prohibition relief, dismissed relief for Fu Yan Fun, forfeited the ₱4,000 bond, and upheld the constitutionality of Section 37(a) of the Immigration Act. Both petitioners and the Commissioner appealed.
Issues:
- Citizenship by marriage
- Whether Chan Sau Wah became a Philippine citizen ipso facto upon marriage under Section 15, Commonwealth Act 473.
- Constitutionality of deportation warrant authority
- Whether Section 37(a) of the Immigration Act of 1940 violates the warrant clause (Art. III, Sec. 1(3), Constitution) by vesting arrest authority in the Commissioner.
- Change of status to permanent residence
- Whether Chan Sau Wah could obtain permanent residency without departing and complying with Sections 9 and 13 of the Immigration Act of 1940, as amended by RA 503.
- Citizenship of the minor son
- Whether Fu Yan Fun automatically became a Philippine citizen through his mother under Section 15(3), Commonwealth Act 473.
- Validity of bond forfeiture
- Whether the bond can be forfeited despite the lack of express approval by the Secretary of Justice under Section 3, Commonwealth Act 613.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)