Case Digest (G.R. No. L-1663)
Facts:
- Florentina Villahermosa is the petitioner; the Commissioner of Immigration is the respondent.
- Delfin Co, an 18-year-old Filipino born in Paniqui, Tarlac, attempted to smuggle Chinese immigrants into the Philippines on March 24, 1947.
- Delfin is the son of a Chinese father, Co Suy (alias Yu Kui), who died in July 1940, and Florentina Villahermosa, a Filipino citizen.
- In February 1946, Delfin left the Philippines for China as a Chinese repatriate but sought to return due to financial issues.
- Upon his return, he was apprehended by immigration authorities.
- A formal investigation began on April 10, 1947, leading to a recommendation for his deportation, which was approved by the Commissioner of Immigration.
- On April 29, 1947, after learning of her son's detention, Florentina filed an oath of allegiance to regain her Philippine citizenship, lost upon marrying Co Suy.
- Florentina argued that her reacquisition of citizenship meant Delfin, being a minor, should also be considered a Filipino citizen and not subject to deportation.
- Immigration authorities and the Manila Court of First Instance rejected this argument, prompting the appeal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the lower court's decision, denying the petition for habeas corpus and ruling that Delfin Co is not a...(Unlock)
Ratio:
- The Court reasoned that Delfin Co could not claim Philippine citizenship through his mother's reacquisition because he had not reached the age of majority to elect citizenship himself.
- The Court emphasized that being born in the Philippines to a foreign father does not automatically confer citizenship; the principle of jus sanguinis (right of blood) prevails over jus soli (ri...continue reading
Case Digest (G.R. No. L-1663)
Facts:
The case involves Florentina Villahermosa as the petitioner and the Commissioner of Immigration as the respondent. The events leading to this case began on March 24, 1947, when Delfin Co, an 18-year-old Filipino born in Paniqui, Tarlac, attempted to smuggle a group of Chinese immigrants into the Philippines. Delfin is the son of a Chinese father, Co Suy (alias Yu Kui), who passed away in July 1940, and Florentina Villahermosa, a Filipino citizen. In February 1946, Delfin left the Philippines for China as a Chinese repatriate but later sought to return due to financial difficulties. Upon his return, he was apprehended by immigration authorities. A formal investigation commenced on April 10, 1947, leading to a recommendation for his deportation, which the Commissioner of Immigration approved. On April 29, 1947, after learning of her son's detention, Florentina filed an oath of allegiance to regain her Philippine citizenship, which she had lost upon marrying Co Suy. She argued that since she was now a citizen, Delfin, being a minor, should also be considered a Filipino citizen a...