Lee Nee Uy Kiao Eng v. Acting Commissioner of Immigration
REITERATIONFacts
The Antecedents: Petitioners Lee Nee Uy Kiao Eng and her four minor children were admitted into the Philippines as temporary visitors on February 25, 1961, with their stay initially authorized for three months. During their extended stay, three more children were born to Lee Nee Uy Kiao Eng and her husband, Lee Chiong Gak. Lee Chiong Gak, who had petitioned for naturalization on April 18, 1961, was granted a two-year extension for his family's stay, extending it to April 18, 1963. However, on August 29, 1962, the Acting Commissioner of Immigration issued Circular No. V-101, ordering the departure of all bonded alien temporary visitors who arrived in 1961 or earlier, threatening bond confiscation and arrest. Procedural History: In response to Immigration Circular No. V-101, the petitioners filed a Petition for Prohibition with Prayer for Preliminary Injunction with the Court of First Instance of Manila on September 8, 1962, seeking to prevent their arrest and deportation. A preliminary injunction was issued on September 13, 1962, restraining the Commissioner. During the pendency of this case, Lee Chiong Gak took his oath of allegiance as a Philippine citizen on September 10, 1964. The Court of First Instance of Manila rendered a decision on August 9, 1965, declaring the minor children as Filipino citizens, the wife entitled to reside permanently, and restraining the Commissioner from arresting or deporting them, also declaring the circular void with respect to the petitioners. The Appeal: The Acting Commissioner of Immigration appealed the decision to the Supreme Court, assigning several errors, primarily questioning the trial court's holding that the order to depart was void, the validity of the extensions of stay, the wife's prima facie Filipino citizenship, the children's right to stay, the non-cancellation of bonds, and the granting of relief despite an adequate legal remedy. The core issue presented to the Supreme Court was whether the petitioners, as the wife and minor children of a naturalized Filipino citizen, could continue to remain in the country despite the expiration of their authorized temporary stay prior to the husband's naturalization. The appeal was filed under Rule 45 of the Rules of Court.
Issue(s)
Whether the wife and minor children of a naturalized Filipino citizen acquire Philippine citizenship under Section 15 of Commonwealth Act No. 473 even if their authorized temporary stay as aliens expired prior to the father's oath of allegiance.
Ruling
The Supreme Court affirmed the decision of the lower court, holding that the petitioners are entitled to remain in the Philippines.
Ratio Decidendi
On Issue 1: The Supreme Court held that the wife and minor children acquired Philippine citizenship under Section 15 of the Revised Naturalization Law (Commonwealth Act No. 473). Relying on the landmark ruling in Moy Ya Lim v. The Commissioner of Immigration, the Court explained that an alien woman married to a naturalized Filipino citizen becomes a citizen ipso facto provided she is not disqualified under Section 4 of the same law. The Court emphasized that this acquisition of citizenship occurs the moment the husband takes his oath of allegiance. For the minor children, the Law explicitly states that foreign-born minor children dwelling in the Philippines at the time of the parent's naturalization automatically become Philippine citizens. The Court reasoned that once citizenship is acquired, it naturally bestows the right to reside in the Philippines, and consequently, immigration authorities lose the power to deport them or confiscate their bonds. The fact that the petitioners' visitor status expired on April 18, 1963—prior to the father's oath on September 10, 1964—did not justify deportation because their subsequent acquisition of citizenship superseded their previous alien status. Furthermore, while the wife is required to file a petition for cancellation of her alien certificate of registration and submit an affidavit of non-disqualification, this is an administrative step that recognizes the citizenship already conferred by law upon the husband's naturalization.
Main Doctrine
The wife and minor children of a naturalized Filipino citizen acquire Philippine citizenship under Section 15 of the Revised Naturalization Law, and consequently, they cannot be deported, even if their authorized periods of temporary stay had expired prior to the naturalization of the husband and father.