Professional Documents
Culture Documents
Facts: This is an appeal from an order of the Court of First Instance of Cebu recommitting the
appellant, Tranquilino Roa, to the custody of the Collector of Customs and declaring the
Collector's right to effect appellant's deportation to China as being a subject of the Chinese
Empire and without right to enter and reside in the Philippine Islands. There is no dispute as
to the facts.
Tranquilino Roa, was born in the town of Luculan, Mindanao, Philippine Islands, on July 6,
1889. His father was Basilio Roa Uy Tiong Co, a native of China, and his mother was Basilia
Rodriguez, a native of this country. His parents were legally married in the Philippine Islands
at the time of his birth.
The father of the appellant went to China about the year 1895, and died there about 1900.
Subsequent to the death of his father, in May, 1901, the appellant was sent to China by his
mother for the sole purpose of studying (and always with the intention of returning) and
returned to the Philippine Islands on the steamship Kaifong, arriving at the port of Cebu
October 1, 1910, from Amoy, China, and sought admission to the Philippine Islands. At this
time the appellant was a few days under 21 years and 3 months of age.
After hearing the evidence the board of special inquiry found that the appellant was a
Chinese person and a subject of the Emperor of China and not entitled to land.
In view of the fact that the applicant for admission was born in lawful wedlock
On appeal to the Insular Collector of Customs this decision was affirmed, and the Court of
First Instance of Cebu in these habeas corpus proceedings remanded the appellant to the
Collector of Customs
Under the laws of the Philippine Islands, children, while they remain under parental
authority, have the nationality of their parents. Therefore, the legitimate children born in the
Philippine Islands of a subject of the Emperor of China are Chinese subjects and the same
rule obtained during Spanish sovereignty
Issue: Whether or not Roa is a citizen of the Philippines
Held: YES, The nationality of the appellant having followed that of his mother, he was
therefore a citizen of the Philippine Islands on July 1, 1902, and never having expatriated
himself, he still remains a citizen of this country.
We therefore conclude that the appellant is a citizen of the Philippine Islands and entitled to
land. The judgment appealed from is reversed and the appellant is ordered released from
custody, with costs de oficio.
TALAROC V. UY (1952)
Facts: Alejandro Uy was elected as Municipal Mayor of Manticao, Misamis Oriental on Nov 13,
1951.One of the losing candidates Talaroc, field a petition for quo warranto against Uy. The
trial court granted quo warranto petition. Uy appealed and alleged that his father was a
subject of China (Uy Piangco) but had a Filipino mother. He was born in Iligan, Province of
Lanao in 1912. He never been to China. He voted in previous elections, held offices in the
government (inspector of Bureau of Plant Industry, public school teacher, filing clerk, acting
municipal treasurer). Her mother was born a Filipino citizen but was only required to be a
Chinese citizen by reason of his father's national laws. Upon the death of Uy's father (in
1917), his mother reacquired her Filipino citizenship.
Issue: Whether or not Uy is a Filipino Citizen
HELD: YES
He was already a Filipino citizen by reason of his birth - he was born in RP, and jus soli was
followed at the time of his birth
Though his father is Chinese, his mother is Filipina. Upon death of his father, his mother
reacquired her Filipino citizenship and he thus followed the nationality of his mom.
He already exercised rights of a Filipino citizen
Facts: Teotimo Rodriguez Tio Tiam filed this petition for naturalization before the Court of
First Instance of Cebu praying that he be granted Philippine Citizenship. During the hearing,
petitioner alleged that he was born in Cebu City of Chinese parents on January 12, 1904 and
has never left the Philippines since then. He is married to a Chinese woman with whom he
has eleven children. He considers himself Filipino and has voted in the elections. On 1945,
he took the oath of allegiance as a citizen of the Philippines before the Court of First Instance
of Cebu. His wife and children never registered as aliens in the Bureau of Immigration.
During the occupation, he joined the Cebu Guerrilla Command with the rank of second
lieutenant. He finished first year high school while all his children are presently studying in
schools recognized by the Government. He is at present a businessman and is a registered
owner of several real properties situated in Cebu City. He has evinced a sincere desire to
learn and embrace the customs, traditions, and ideals of the Filipino people. He has never
been convicted of any crime involving moral turpitude. He is not opposed to organized
government nor is he affiliated with any person or association with subversive ideas. He is
not a believer in the practice of polygamy and is not suffering from any mental ailment or
any incurable contagious disease. He believes in the principles underlying the Philippine
Constitution and is able to speak and write English and Chinese languages and the Cebuano
dialect. And he was once brought to Camp Murphy, Philippine Army Headquarters, where he
was investigated for the charge of rebellion and multiple murder, but subsequently,
however, he was cleared by the army authorities. The Government contended that the
petitioner shold be disqualified since he does not possess good character. However, the
reposndents did not introduce any evidence except the testimony, Chief of National Bureau
of Investigation to cover the case of petitioner and that said agent obtained a sworn
statement that petitioner had illicit relations with another woman. But the said woman failed
to appear to substantiate the charge.
Issue: Whether or not the petitioner is qualified for the benefit of naturalization law?
Held: Petitioner can be given the benefit of our naturalization law considering that, as his
evidence shows, he possesses all the qualifications and none of the disqualifications
prescribed in the law for the acquisition of Philippine ciaractertizenship.
Wherefore, the decision appealed from is modified in the sense that petitioner is granted
Philippine citizenship subject to the requirements of Republic Act No. 530.