Roa vs. Collector - Case Digest

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Roa vs.

Collector of Customs, 25 Phil 315


Petitioner-Appellant: Tranquilino Roa
Respondent-Appellee: Insular Collector of Customs

Facts:

Tranquilino, born on July 6, 1889, is the son of a Chinaman and a Filipina


legally married in the Philippine Islands at the time of his birth. His mother sent him
to China on 1901, just a year after his father died in China, for the sole purpose of
studying and with the intention to return to the Philippine Islands. On October 1,
1910, when Tranquilino was 21 years of age, he returned and sought admission to
the Philippine Islands but was denied such for he was considered as a Chinese
person.

Issue:
Whether or not Roa is considered a citizen of the Philippines.

Held:

Yes, Roa is a citizen of the Philippines. Since Philippines at that time was
ceded to the United States, the allegiance of native inhabitants was transferred from
Spain to US, thus the principle of citizenship of US must be applied in the case at bar
since Spanish laws were deemed abrogated. In US, the predominating principle is
jus soji or citizenship by place of birth. The rule in US in case of widows was that
she ipso facto reacquired the nationality of the country of her birth as she was living
and never left that country. 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. 

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