Mo Ya Lim Yao vs. Commissioner of Immigration
Mo Ya Lim Yao vs. Commissioner of Immigration
Mo Ya Lim Yao vs. Commissioner of Immigration
MOY YA LIM YAO alias EDILBERTO AGUINALDO LIM and LAU YUEN YEUNG, petitioners-
appellants,
vs.
THE COMMISSIONER OF IMMIGRATION
FACTS:
Lau Yuen Yeung, an alien visiting the Philippines, whose authorized stay in the Philippines was to expire,
claims herself to be lawfully naturalized upon her marriage to a Filipino citizen. Solicitor General opposes
the ground that the marriage of the alien to a Filipino citizen does not automatically confer on the latter
Philippine citizenship. Plaintiff-appellant does not possess all the qualifications required for applicant for
naturalization (CA 473), even she has proven that she possesses none of the disqualifications in said law.
ISSUE:
Whether or not Lau Yuen Yeung became ipso facto a Filipino citizen upon her marriage to a Filipino
citizen.
RULING:
Under Section 15 of Commonwealth Act 473, an alien woman marrying aFilipino, native born or
naturalized, becomes ipso facto a Filipina provided she is notdisqualified to be a citizen of the Philippines
under Section 4 of the same law. Likewise,an alien woman married to an alien who is subsequently
naturalized here follows thePhilippine citizenship of her husband the moment he takes his oath as Filipino
citizen,provided that she does not suffer from any of the disqualifications under said Section 4.Whether
the alien woman requires to undergo the naturalization proceedings, Section 15is a parallel provision to
Section 16. Thus, if the widow of an applicant for naturalizationas Filipino, who dies during the
proceedings, is not required to go through anaturalization proceedings, in order to be considered as a
Filipino citizen hereof, it shouldfollow that the wife of a living Filipino cannot be denied the same
privilege. Everytimethe citizenship of a person is material or indispensible in a judicial or administrative
case,Whatever the corresponding court or administrative authority decides therein as to suchcitizenship is
generally not considered as res adjudicata, hence it has to be threshed outagain and again as the occasion
may demand. Lau Yuen Yeung, was declared to havebecome a Filipino citizen from and by virtue of her
marriage to Moy Ya Lim Yao al asEdilberto Aguinaldo Lim, a Filipino citizen of 25 January 1962.