GR L 21332; (March, 1966) (Digest)
G.R. No. L-21332; March 18, 1966
LY GIOK HA alias WY GIOK HA, ET AL., petitioners-appellees, vs. EMILIO L. GALANG, ET AL., respondents-appellants.
FACTS
Petitioner Ly Giok Ha, a citizen of the Republic of China, arrived in the Philippines as a temporary visitor on May 14, 1955. On March 8, 1956, she married Restituto Lacasta, a Filipino citizen, with whom she had three minor children. She presented evidence that she was not opposed to organized government, not affiliated with subversive groups, did not teach violence, was not a polygamist, had no criminal convictions involving moral turpitude, had no incurable diseases, and mingled with Filipinos. However, on cross-examination, she failed to establish that she had resided in the Philippines continuously for at least ten years, that she had a lucrative trade or profession, and that she could speak and write English or any principal Philippine language. The Court of First Instance initially held she was not entitled to citizenship by marriage due to lacking qualifications but later granted her motion for reconsideration, declaring she acquired Philippine citizenship by marriage. The Immigration Commissioner appealed.
ISSUE
Whether an alien woman who marries a Filipino citizen must possess all the qualifications prescribed by Section 2 of Commonwealth Act No. 473 (the Naturalization Law) and not merely be free from the disqualifications under Section 4, in order to be deemed a citizen under Section 15.
RULING
The Supreme Court REVERSED the judgment of the lower court. It held that Section 15 of Commonwealth Act No. 473 requires that an alien woman married to a Filipino citizen must herself be “lawfully naturalized.” This means she must possess all the qualifications under Section 2 and none of the disqualifications under Section 4 of the law. The Court ruled that relying solely on the absence of disqualifications would be insufficient and could confer citizenship on persons contrary to the statute’s policy, such as those lacking good moral character or not believing in Philippine constitutional principles. Since Ly Giok Ha admittedly did not possess the required qualifications (specifically continuous residence, lucrative occupation, and language ability), she was not entitled to claim Filipino citizenship by marriage. The national policy is one of selective admission to citizenship, not an automatic grant based solely on marriage.