Case Summary (G.R. No. L-22041)
Background Information
Ujano left the Philippines for the United States in 1927 and obtained American citizenship through naturalization after residing there for more than 20 years. He returned to the Philippines on November 10, 1960, and was granted temporary visitor status. At the time of his petition, he owned agricultural and residential property worth over P5,000. He also receives a monthly pension from the U.S. Social Security Administration. Notably, he has no criminal convictions and intends to renounce his allegiance to the United States.
Procedural History
Ujano filed his petition for the reacquisition of Philippine citizenship in the Court of First Instance of Ilocos Sur. The court denied the petition based primarily on the finding that Ujano did not satisfy the residency requirement mandated by law prior to filing his application.
Legal Issue
The specific legal issue under consideration is whether Ujano met the six-month residency requirement outlined in Section 3(1) of Commonwealth Act No. 63, which specifies that an individual must have resided in the Philippines for at least six months before applying for reacquisition of citizenship.
Court's Findings
The trial court commented that for reacquisition of citizenship, "residence" requires not only an intention to reside permanently but also actual presence that demonstrates such intention. The court cited previous rulings that clarified that "domicile" is characterized by a permanent intention to stay, and temporary visitors—those admitted for limited purposes such as business or pleasure—do not establish permanent residency.
In Ujano's case, although he was present in the Philippines at the time of his application, his status was that of a temporary visitor. The court emphasized that this categorization meant he could not meet the requisite condition of having resided in the country for six months prior to his application.
Conclu
...continue readingCase Syllabus (G.R. No. L-22041)
Case Overview
- The case involves Melecio Clarinio Ujano as the petitioner seeking to reacquire his Philippine citizenship against the Republic of the Philippines, the opposing party.
- The petition was filed before the Court of First Instance of Ilocos Sur.
- Ujano was born to Filipino parents in Magsingal, Ilocos Sur, 66 years prior to the case.
- He is married to Maxima O. Ujano, and they have one son, Prospero, who is of legal age.
Background of the Petitioner
- Ujano left the Philippines in 1927, moving to the United States, where he resided for over 20 years.
- He acquired American citizenship through naturalization during his time in the U.S.
- He returned to the Philippines on November 10, 1960, but was admitted only for a temporary stay.
- Ujano owns agricultural land and a residential house in Magsingal, which is valued at not less than P5,000.00.
- He receives a monthly pension of $115.00 from the U.S. Social Security Administration.
- Ujano has no record of criminal conviction and aims to renounce his allegiance to the United States.
Court Proceedings and Decision
- Following a hearing, the lower court denied Ujano’s petition for reacq