GR L 7913; (October, 1955) (Digest)
G.R. No. L-7913 October 31, 1955
MARIA P. DE AZAJAR, plaintiff-appellant, vs. FRANCISCO ARDALLES and the BUREAU OF LANDS, defendants-appellees.
FACTS
Maria P. de Azajar filed a complaint for declaratory relief in the Court of First Instance of Albay. She alleged that in December 1950, she applied to purchase a 240-square-meter parcel of public land in Albay. Francisco Ardales opposed her application on the ground that she, being a Chinese citizen, was not entitled to acquire public lands. She sought a judicial declaration that she is a Filipino citizen and thus entitled to acquire public land. She claimed to be the daughter of Blas Azajar, a Filipino citizen born in Manila in 1896 to a Filipino mother, who elected Philippine citizenship in 1918. She was born in Amoy, China, on August 25, 1922, and arrived in the Philippines in 1926. She asserted that at the time of her birth, her parents were Filipino citizens, and she has continuously exercised the rights of a Filipino citizen. The parties submitted a stipulation of facts, which included landing certificates for her and her parents and records of her voter registration. The trial court rendered judgment holding that she is a Chinese citizen and not entitled to acquire public land. She appealed. The First Assistant Solicitor General moved to dismiss the appeal, arguing that an action for declaratory relief is not the proper proceeding to secure a judicial declaration of citizenship. The Court of Appeals certified the appeal to the Supreme Court.
ISSUE
Whether an action for declaratory relief is the proper remedy for Maria P. de Azajar to secure a judicial declaration of her Filipino citizenship.
RULING
No. The Supreme Court set aside the judgment of the trial court and dismissed the complaint and appeal. The Court held that an action for declaratory relief under Section 1, Rule 66 of the Rules of Court is not the proper proceeding to determine citizenship. The plaintiff was not “interested under a deed, will, contract or other written instrument,” nor were her rights “affected by a statute or ordinance” within the meaning of the rule. Her sales application for public land must undergo the prescribed administrative processes in the Bureau of Lands, with an appeal to the Secretary of Agriculture and Natural Resources. The determination of her eligibility, including her citizenship, rests primarily with these administrative agencies. Until these administrative remedies are exhausted, no court may compel a decision on the application. If her rights as a citizen are denied, the proper recourse is not a declaratory judgment but an action to compel the officer concerned to allow her to exercise such rights. The trial court should have dismissed the complaint for seeking an improper remedy.