Moy Ya Lim Yao vs. Commissioner of Immigration

Facts:

Petitioners-appellants are Moy Ya Lim Yao (alias Edilberto Aguinaldo Lim) and his wife Lau Yuen Yeung; respondent is the Commissioner of Immigration. Lau, a Chinese national resident in Kowloon, Hong Kong, sought and obtained a temporary visitor’s visa to the Philippines on February 8, 1961, entered on March 13, 1961, and was admitted for one month; a P1,000 bond was posted to guarantee her departure. Her authorized stay was repeatedly extended up to February 13, 1962.

On January 25, 1962, Lau married Moy, who claimed Filipino citizenship. The Immigration authorities threatened to confiscate the bond and to arrest and deport Lau upon expiry of her permitted stay. In response Lau (joined by Moy) filed a complaint in the Court of First Instance (Civil Case No. 49705, CFI Manila) seeking injunction restraining the Commissioner from ordering her removal and from confiscating the bond; their prayer for preliminary injunction was denied and the case was tried on the merits.

The CFI dismissed the complaint, holding that Section 15 of the Revised Naturalization Law (Commonwealth Act No. 473) does not render the alien wife a Filipino unless she “might herself be lawfully naturalized,” which the court read to require proof that she possessed all statutory qualifications for naturalization (including residence, ability to speak a principal Philippine language, etc.) and none of the statutory disqualifications; the court also found indicia that the marriage was a conveni...(Pro-only)

Issues:

• Does Section 9(g) of the Philippine Immigration Act apply to an alien who, after entry as a temporary visitor, legitimately became a Filipino citizen?
• Under Section 15 of the Revised Naturalization Law (Commonwealth Act No. 473), does the marriage of an alien woman to a Filipino make her a Philippine citizen ipso facto, or must she prove that she possesses all the statutory qualifications for naturalization (and not merely the absence of disqualifications)?
• May an alien wife assert citizenship by operation of law without undergoing judicial naturalization proceedings, and thereby prevent the Commissioner ...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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