G.R. No. L-24503, September 28, 1968
IN THE MATTER OF THE PETITION FOR ACQUISITION OF FILIPINO CITIZENSHIP BY MARRIAGE AND CANCELLATION OF ALIEN CERTIFICATE OF REGISTRATION. LO BENG HA ONG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner-appellee Lo Beng Ha Ong, born on September 1, 1942, in Daet, Camarines Norte, is the daughter of Chinese parents who are permanent residents of the Philippines. She has never left the country since birth. She completed her elementary education at Chung Hua High School in Daet and secondary education at Chiang Kai Shek High School in Manila. She finished two years of a Bachelor of Science in Education at the University of the East before discontinuing due to her marriage on June 27, 1964, to Nelson Ong, a natural-born Filipino. She has no criminal record, suffers from no incurable disease, has paid residence taxes and alien registration fees, speaks English, Tagalog, and Bicol, and has mingled with Filipinos. However, she did not file a declaration of intention to become a Filipino citizen, owns no real property, and has no lucrative calling, being a housewife, though her husband earns P400 monthly. On November 19, 1964, she filed a petition for acquisition of Filipino citizenship by marriage and cancellation of her alien certificate of registration. The Republic filed an opposition and motion to dismiss. After trial, the Court of First Instance of Camarines Norte granted her petition, declaring her a Filipino citizen by marriage. The Republic appealed.

ISSUE

Whether Lo Beng Ha Ong is deemed a citizen of the Philippines under Section 15 of the Revised Naturalization Law by virtue of her marriage to a Filipino citizen, despite not proving she possesses all qualifications and none of the disqualifications for naturalization.

RULING

The Supreme Court reversed the lower court’s decision and dismissed the petition. The Court held that under Section 15 of the Revised Naturalization Law, marriage to a Filipino citizen does not automatically confer Philippine citizenship upon an alien woman. She must first prove that she “might herself be lawfully naturalized” by demonstrating she possesses all qualifications and none of the disqualifications under the law. The Court found petitioner’s evidence deficient: while she showed continuous residence, she failed to prove good moral character through competent and impartial witnesses or that she was free from disqualifications such as opposing organized government, advocating violence, polygamy, or not mingling socially with Filipinos. Her attendance at a predominantly Chinese school negated her claim of embracing local customs. The Court rejected her arguments for relaxed application, emphasizing that citizenship is a political privilege subject to state discretion, not a private right arising from marriage. Thus, she did not meet the legal requirements for citizenship by marriage.