Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. L-21289 October 4, 1971

MOY YA LIM YAO alias EDILBERTO AGUINALDO LIM and LAU YUEN
YEUNG, petitioners-appellants,
vs.
THE COMMISSIONER OF IMMIGRATION, respondent-appellee.

Facts:

On February 8, 1961, Lau Yuen Yeung applied for a passport visa to enter the
Philippines as a non-immigrant. She was permitted to come into the Philippines on March 13,
1961, and was permitted to stay for a period of one month which would expire on April 13,
1961. Asher Y, Cheng filed a bond in the amount of P1,000.00 to undertake, among others that
said Lau Yuen Yeung would actually depart from the Philippines on or before the expiration of
her authorized period of stay in this country or within the period as in his discretion the
Commissioner of Immigration or his authorized representative might properly allow. After
repeated extensions, petitioner Lau Yuen Yeung was allowed to stay in the Philippines up to
February 13, 1962. On January 25, 1962, she contracted marriage with Moy Ya Lim Yao alias
Edilberto Aguinaldo Lim an alleged Filipino citizen. Because of the contemplated action of
respondent to confiscate her bond and order her arrest and immediate deportation, after the
expiration of her authorized stay, she brought this action for injunction with preliminary
injunction. At the hearing which took place one and a half years after her arrival, it was
admitted that petitioner Lau Yuen Yeung could not write either English or Tagalog. Except for a
few words, she could not speak either English or Tagalog. She could not name any Filipino
neighbor, with a Filipino name except one, Rosa. She did not know the names of her brothers-
in-law, or sisters-in-law.

It was also shown that Lau Yuen Yeung does not possess any of the disqualifications for
naturalization.

Issue:

Whether or not a foreign woman ipso facto becomes a Filipino citizen by virtue of her
marriage to her Filipino husband.

Ruling:
IN VIEW OF ALL THE FOREGOING, the judgment of the Court a quo dismissing appellants'
petition for injunction is hereby reversed and the Commissioner of Immigration and/or his
authorized representative is permanently enjoined from causing the arrest and deportation and
the confiscation of the bond of appellant Lau Yuen Yeung, who is hereby declared to have
become a Filipino citizen from and by virtue of her marriage to her co-appellant Moy Ya Lim Yao
alias Edilberto Aguinaldo Lim, a Filipino citizen on January 25, 1962. No costs.