G.R. No. L-23446 December 20, 1971
FELISA LEE alias LEE SIU LUAN assisted by her husband, JACKSON BARRA, petitioners-appellees, vs. COMMISSIONER OF IMMIGRATION, respondent-appellant.

FACTS

Felisa Lee, a Chinese citizen, married Filipino citizen Jackson Barra in 1958. Believing she automatically acquired her husband’s citizenship under Section 15 of Commonwealth Act No. 473 (the Revised Naturalization Law), she applied to the Commissioner of Immigration for cancellation of her Alien Certificate of Registration (ACR). The Commissioner denied her application, citing an existing policy requiring such wives to seek a judicial declaration of their qualifications from the courts. Consequently, Lee filed a petition in the Court of First Instance of Albay, praying to be adjudged a Filipino citizen and for an order directing the Commissioner to cancel her ACR.
The Solicitor General moved to dismiss the petition, arguing the court lacked jurisdiction because it could not issue mandamus to compel an act outside its judicial district. Lee countered that her action was not for mandamus but for a judicial determination of her status under the naturalization law. The trial court denied the motion to dismiss and, after proceedings, ruled in Lee’s favor. It found she possessed all qualifications and none of the disqualifications for naturalization and ordered the Commissioner to cancel her ACR. The Commissioner appealed this decision to the Supreme Court.

ISSUE

Whether the Court of First Instance had jurisdiction to entertain a petition for the judicial declaration of an alien wife’s acquisition of Filipino citizenship through marriage.

RULING

The Supreme Court reversed the trial court’s decision and dismissed the petition. The Court clarified that Lee’s petition, which prayed for her to be “adjudged to have acquired the citizenship of her husband,” was essentially one for declaratory relief. The Court reiterated its settled doctrine that no proceeding is established by law or the Rules of Court for the judicial declaration of an individual’s citizenship. Such a declaratory judgment is not permissible.
However, citing its recent ruling in Moy Ya Lim Yao vs. Commissioner of Immigration, the Court provided the proper administrative remedy. An alien woman who marries a Filipino citizen does not need to undergo full judicial naturalization proceedings to acquire citizenship, provided she possesses the qualifications and lacks the disqualifications under the law. The correct initial step is to file a petition for cancellation of her ACR directly with the Bureau of Immigration, supported by a joint affidavit with her husband attesting to her lack of disqualifications. The Bureau will then conduct an investigation and issue a ruling. While this administrative decision does not constitute res judicata, it provides an official finding that can facilitate the establishment of her citizenship in future instances. The Court thus set aside the appealed judgment and dismissed the petition, without prejudice to Lee filing the appropriate administrative petition with the Commissioner of Immigration.