G.R. No. L-25180; August 29, 1969
HON. MARTINIANO P. VIVO, as (Acting) Commissioner of Immigration, petitioner, vs. HON. RICARDO C. PUNO, as Judge of the Court of First Instance of Manila, Branch XXIV, LIM CHUY TIAN, TAN SOAT KIAT @ CHAN SHUET KIT, LIM LILY and LIM TAI LI, respondents.

FACTS

On February 27, 1960, respondents Tan Soat Kiat (wife) and her two minor children, Lim Lily and Lim Tai Li, were admitted into the Philippines as non-immigrant temporary visitors, authorized to stay initially for one month. Their temporary stay was extended repeatedly until October 28, 1960. Their husband and father, respondent Lim Chuy Tian, applied for naturalization on December 2, 1960, and a decision in his favor was granted on October 31, 1961. After the expiration of the two-year period, he was allowed to take his oath of allegiance. Based on Lim Chuy Tian’s naturalization, he, his wife, and minor children filed Civil Case No. 58597 before respondent Judge Ricardo C. Puno, contending that by virtue of his naturalization, his wife and minor children had become Filipino citizens and could no longer be required to leave the country. They sought to enjoin petitioner Acting Commissioner of Immigration Martiniano P. Vivo from ordering their arrest and deportation. Petitioner moved to dismiss the petition and dissolve the preliminary injunction on jurisdictional grounds. Respondent Judge denied the motion, prompting petitioner to elevate the matter to the Supreme Court via a petition for certiorari and prohibition.

ISSUE

Whether the naturalization of respondent Lim Chuy Tian automatically conferred Filipino citizenship upon his wife and two minor children, thereby rendering them immune from deportation and entitling them to permanent stay in the Philippines.

RULING

No. The petition is granted. The naturalization of the husband and father did not automatically confer citizenship on his wife and minor children.
1. As to the wife, Tan Soat Kiat: Marriage to a Filipino citizen does not automatically result in the foreign wife acquiring Filipino citizenship. Following the precedent in Ly Giok Ha v. Galang and Kua Suy v. Commissioner of Immigration, a foreign wife must herself possess all the qualifications and none of the disqualifications under the Naturalization Law to become a citizen.
2. As to the minor children, Lim Lily and Lim Tai Li: Under Section 15 of Commonwealth Act No. 473 (Revised Naturalization Law), foreign-born minor children automatically become Philippine citizens only if they are “dwelling in the Philippines at the time of the naturalization of the parent.” As held in Kua Suy, Vivo v. Cloribel, and Co Pek v. Vivo, the term “dwelling” means lawful residence or domicile. Since the lawful period of stay for the minor children expired on October 28, 1960, and they had been required to leave prior to their father’s naturalization, they were no longer lawfully residing in the Philippines at the critical time. Therefore, they could not be considered naturalized.
The Supreme Court declared null and void the challenged order of respondent Judge, permanently restrained him from taking cognizance of Civil Case No. 58597, and made the preliminary injunction issued by the Court permanent. Costs were imposed on the private respondents.