Lee v. Commissioner of Immigration
REITERATIONFacts
1. The Antecedents: Felisa Lee, a Chinese citizen, married Jackson Barra, a Filipino citizen, on June 22, 1958. Claiming to have acquired her husband's citizenship by virtue of this marriage, she sought the cancellation of her Alien Certificate of Registration. 2. Procedural History: Felisa Lee initially petitioned the Commissioner of Immigration for the cancellation of her alien registration. The Commissioner, citing policy, declined to act and advised her to seek judicial determination. Consequently, Lee filed a petition in the Court of First Instance of Albay. The Commissioner moved to dismiss, arguing lack of jurisdiction. The trial court denied this motion. After the Commissioner filed an answer, the trial court rendered a decision finding Lee to be a Filipino citizen and ordering the cancellation of her alien registration. The Commissioner appealed this decision. 3. The Petition: The Commissioner of Immigration appealed the trial court's decision, arguing that the court lacked jurisdiction and that the petition was either for mandamus or declaratory relief, neither of which was appropriate for determining citizenship. The Supreme Court, while noting previous rulings that there is no specific judicial proceeding for declaring citizenship, referenced a recent case that, while disallowing such petitions, implicitly sanctioned the administrative route. The Court ultimately set aside the trial court's judgment and dismissed the petition, without prejudice to Lee filing a petition for cancellation of her alien certificate of registration with the Bureau of Immigration.
Issue(s)
Whether a petition for judicial declaration of citizenship, specifically for the cancellation of an alien certificate of registration based on marriage to a Filipino citizen, is a permissible remedy.
Ruling
The Supreme Court set aside the decision of the Court of First Instance and dismissed the petition, holding that there is no recognized legal proceeding for the judicial declaration of citizenship. However, it suggested that the alien wife may petition the Bureau of Immigration for the cancellation of her alien certificate of registration as an initial step.
Ratio Decidendi
On Whether a petition for judicial declaration of citizenship, specifically for the cancellation of an alien certificate of registration based on marriage to a Filipino citizen, is a permissible remedy: The Supreme Court reaffirmed its long-standing jurisprudence that there is no proceeding established by law, or by the Rules of Court, for the direct judicial declaration of the citizenship of an individual. The Court classified Felisa Lee's petition in the court a quo as one for declaratory relief, a remedy repeatedly disallowed for citizenship determination, as previously held in cases like Wong Sau Mei vs. Republic and Soria vs. Commissioner of Immigration. However, the Court referenced its recent decision in Moy Ya Lim Yao alias Edilberto Aguinaldo Lim and Lau Yuen Yeung vs. Commissioner of Immigration, which, while adhering to the principle against judicial declarations of citizenship, provided guidance on the appropriate administrative procedure. Moy Ya Lim Yao elucidated that an alien woman who marries a Filipino citizen and possesses all qualifications and none of the disqualifications for naturalization acquires Philippine citizenship upon marriage. The proper initial step to have her citizenship status settled and her alien certificate cancelled is to file a petition with the Bureau of Immigration for the cancellation of her Alien Certificate of Registration, accompanied by a joint affidavit attesting to her qualifications. The Bureau of Immigration is then tasked with conducting an investigation and subsequently issuing an order granting or denying the petition. This administrative finding, though not res adjudicata, serves as an official record to facilitate the establishment of her Filipino citizenship in subsequent proceedings. Consequently, the Supreme Court set aside the lower court's decision, dismissing the petition without prejudice to Felisa Lee pursuing the correct administrative remedy before the Bureau of Immigration.
Main Doctrine
A petition for judicial declaration of citizenship is not a recognized legal proceeding in the Philippines. However, an alien woman married to a Filipino citizen may petition the Bureau of Immigration for the cancellation of her alien certificate of registration, which serves as an initial step in establishing her Filipino citizenship.