G.R. No. L-22041 - Ujano vs. Republic

Case Summary (G.R. No. L-22041)

Factual Background

MELECIO CLARINIO UJANO was born of Filipino parents in Magsingal, Ilocos Sur, and was sixty-six years old at the time of the proceedings. He married Maxima O. Ujano and had one son, Prospero, who was of legal age. He left the Philippines for the United States in 1927 and, after residing there for more than twenty years, became a naturalized American citizen. He returned to the Philippines on November 10, 1960 and was admitted for a temporary stay. He owned agricultural land and a residential house in Magsingal valued at not less than P5,000.00. He received a monthly pension of $115.00 from the Social Security Administration of the United States, had no criminal record, and declared his intention to renounce allegiance to the United States.

Petition and Procedural History

MELECIO CLARINIO UJANO filed a petition in the Court of First Instance of Ilocos Sur to reacquire Philippine citizenship under Commonwealth Act No. 63. The trial court heard the petition and rendered a decision denying it on the ground that the petitioner had not complied with the statutory requirement that an applicant "shall have resided in the Philippines at least six months before he applies for naturalization" as set forth in Section 3(1) of Commonwealth Act No. 63. The petitioner appealed the denial to the Supreme Court.

Trial Court's Findings

The court a quo found that the term "residence" in Section 3(1) required actual or constructive permanent home, otherwise known as legal residence or domicile, and cited Wilfredo Uytengsu v. Republic of the Philippines, 95 Phil. 890, to support that interpretation. The trial court observed that domicile is characterized by animus manendi, an intention to remain. It found that a person admitted as a temporary visitor, whether for business, pleasure, or health, lacks that intention and cannot be said to have established domicile despite physical presence. The court concluded that petitioner remained admitted as a temporary visitor when he filed his petition and therefore failed to meet the six-month residence requirement.

Issue Presented

The decisive issue was whether the petitioner's admission into the Philippines on a temporary basis and his actual presence in the country satisfied the six-month "residence" requirement of Section 3(1) of Commonwealth Act No. 63 necessary for the reacquisition of Philippine citizenship.

Parties' Contentions

MELECIO CLARINIO UJANO sought reacquisition of Philippine citizenship on the ground of birth to Filipino parents and subsequent naturalization abroad, asserting his return to the Philippines and property ownership as indicia of intent to reestablish ties. The record reflects that the opposing side and the court below maintained that the petitioner’s admission as a temporary visitor and his status at the time of filing did not meet the statutory residence requirement.

Supreme Court's Ruling

The Supreme Court affirmed the decision of the Court of First Instance. The Court agreed with the trial court's interpretation that the "residence" required by Section 3(1) of Commonwealth Act No. 63 imports not only personal presence but also an intention to remain, that is, an actual or constructive permanent home or domicile.

Legal Basis and Reasoning

The Court reasoned that the term "residence" in the reacquisition statute must be construed in the same sense as in Commonwealth Act No. 473, the Revised Naturalization Law, and as explained in prior decisions such as Yen v. Republic and Nuval v. Guray. The Court held that residence entails both physical presence and conduct indicative of animus manendi. A person admitted solely on the basis of a temporary permit cannot be said to have established domicile in the Philippines because the stay is temporary and conditional upon the purpose of admis

Case Syllabus (G.R. No. L-22041)

Parties and Procedural Posture

MELECIO CLARINIO UJANO, PETITIONER AND APPELLANT, filed a petition in the Court of First Instance of IIocos Sur to reacquire Philippine citizenship.
REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLEE, opposed the petition in the court a quo.
The court a quo denied the petition on the ground that the petitioner did not satisfy the six months residence required by law before filing the petition for reacquisition.
The petitioner appealed the denial to the Court which issued the present decision.

Key Factual Allegations

The petitioner was born of Filipino parents in Magsingal, IIocos Sur and was sixty-six years old at the time of the petition.
The petitioner was married to Maxima O. Ujano and had one son, Prospero, who was of legal age.
The petitioner left the Philippines for the United States in 1927 and after more than twenty years of residence in the United States acquired American citizenship by naturalization.
The petitioner returned to the Philippines on November 10, 1960 and was admitted for a temporary stay at that time.
The petitioner owned agricultural land and a residential house in Magsingal, IIocos Sur valued at not less than P5,000.00.
The petitioner received a monthly pension of $115.00 from the United States Social Security Administration.
The petitioner had no record of conviction and declared his intention to renounce his allegiance to the United States.

Statutory Framework

Section 3(1), Commonwealth Act No. 63, requires that a person who seeks to reacquire Philippine citizenship "shall have resided in the Philippines at least six months before he applies for naturalization."
Commonwealth Act No. 473 (the Revised Naturalization Law) provides the comparable notion of residence that courts have previously interpreted as involving domicile.
The petition for reacquisition under Commonwealth Act No. 63 is construed against the background of the naturalization and residence requirements found in prior naturalization legislation.

Issues

Whether the petitioner satisfied the six months residence requirement of Section 3(1), Commonwealth Act No. 63.
Whether admission into the Philippines as a temporary visitor satisfies the statutory meaning of residence for pur