Professional Documents
Culture Documents
Citizenship
Jose Tan Chong vs Secretary of Labor
GR No. 47616
September 16, 1947
and
Lam Swee Sang vs The Commonwealth of the Philippines
GR No. 47623
September 16, 1947
Ponente: Padilla, J.
Facts:
Tan Chong (petitioner) born in San Pablo, Laguna in July 1915 to a
Chinese father and a Filipino mother who were lawfully married. He left
for China in 1925 and returned to the Philippines on January 25, 1940.
Lam Swee Sang (applicant) born in Jolo, Sulu on May 8, 1900 to a
Chinese father and a Filipino mother. It is not clear whether or not they
were legally married. He has been residing in the Philippines from his
birth to his filing of his application for naturalization on November 16,
1938. He speaks the local dialect, Spanish and English. He is married
to a Filipina and has three children by her.
October 15, 1941
SC affirmed judgment of CFI (Manila) granting writ of habeas
corpus petitioned for by Tan Chong on the grounds that since he
is a native of the Philippines born of a Chinese father and Filipino
mother, he is also a citizen of the Philippines.
SC also decided to dismiss the petition of Lam Swee Sang for
naturalization (filed in the CFI - Zamboanga) on the grounds that
since he was born in Sulu of a Chinese father and Filipino mother,
he is also a citizen of the Philippines. Dismissing the petition
meant that there was no need to apply for naturalization.
October 21, 1941
Solicitor General filed for a motion for reconsideration for both
cases SolGen contends that they were still not Filipino citizens
because of the laws in place at the time of their birth.