Moy Ya Lim Case Digest

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MOY YA LIM YAO VS.

COMMISSIONER OF IMMIGRATION, digested


Posted by Pius Morados on November 9, 2011

GR # L-21289, October 4, 1971 (Constitutional Law, Citizenship, Naturalization Qualification and Disqualification) FACTS: Plaintiff-appellant, a temporary alien visitor, whose authorized stay in the Philippines was to expire, claims herself to be lawfully naturalized by virtue of her marriage with co-plaintiff, a Filipino citizen. Solicitor General opposes on the ground that the mere marriage of a Filipino citizen to an alien does not automatically confer on the latter Philippine citizenship, because record shows that the same does not poses all the qualifications required of applicants for naturalization (CA 473), even if she has proven that she does not suffer any disqualification there under. ISSUE: Whether or not an alien who married a naturalized Filipino is lawfully naturalized. HELD: Yes, an alien woman marrying a Filipino, native-born or naturalized, becomes ipso facto a Filipina provided she is not disqualified to be a citizen of the Philippines (Sec. 15 and 4, CA 473).

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