Case Digest (G.R. No. L-22041)
Facts:
Melecio Clarinio Ujano v. Republic of the Philippines, G.R. No. L-22041, May 19, 1966, the Supreme Court En Banc, Bautista Angelo, J., writing for the Court.Petitioner Melecio Clarinio Ujano filed a petition in the Court of First Instance of Ilocos Sur seeking to reacquire his Philippine citizenship under the statute authorizing reacquisition. Ujano was born in Magsingal, Ilocos Sur, of Filipino parents; he left the Philippines in 1927, resided in the United States for over twenty years and there acquired American citizenship by naturalization. He returned to the Philippines on November 10, 1960 and was admitted for what the record shows as a temporary stay.
At the time of filing, petitioner owned agricultural land and a residence in Magsingal (valued at not less than P5,000), received a United States Social Security pension of $115 monthly, had no criminal convictions, and expressed an intention to renounce allegiance to the United States. He sought reacquisition of Philippine citizenship but did not secure permanent-resident quota status before filing.
The Court of First Instance denied the petition on the ground that petitioner failed to satisfy the statutory residence requirement that an applicant must have resided in the Philippines for six months prior to applying. The court a quo treated the statutory term "residence" as importing domicile — physical presence plus animus manendi — citing prior decisions including Wilfredo Uytengsu v. Republic...(Pro-only)
Issues:
- Procedural/substantive: Did petitioner comply with the statutory six‑month residence requirement for reacquisition of Philippine citizenship under Commonwealth Act No. 63?
- Substantive: Does admission into the Philippines as a temporary visitor constitute the kind of "residence" or domicile required for naturalization/reacquisition under Commonwealth Act No. 63 and ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)