Mo Ya Lim Yao vs.

Commissioner of Immigration
G.R. No. L-21289 October 4, 1971

Facts:
On February 8, 2961, Lau Yuen applied for a passport visa to enter the Philippines as non-
immigrant, for a temporary visitor’s visa to enter the Philippines. She was permitted to come into
the Philippines on March 13, 1961. On the date of her arrival, 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. After
repeated extensions, she 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 the Commissioner of
Immigration to confiscate her bond and order her arrest and immediate deportation, after the
expiration of her authorized stay, she brought an action for injuction with preliminary injuction.
The Court of First Instance of Manila (Civil Case 49705) denied the prayer for preliminary
injuction. Moya Lim Yao and Lau Yuen Yeung appealed.

Issue:
Whether Lau Yuen Yeung ipso facto became a Filipino citizen upon her marriage to a Filipino
citizen.

Decision:
Under Section 15 of Commonwealth Act 473, 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 under Section 4 of the same law. Likewise, an alien woman married to an alien who
is subsequently naturalized here follows the Philippine 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 15 is a parallel provision to section 16. Thus, if the widow of
an applicant for naturalization as Filipino, who dies during the proceedings, is not required to go
through a naturalization proceedings, in order to be considered as a Filipino citizen hereof, it
should follow that the wife of a living Filipino cannot be denied the same privilege. Everytime
the citizenship of a person is material or indespensible in a judicial or administrative case.
Whatever the corresponding court or administrative authority decides therein as to such
citizenship is generally not considered as res adjudicata, hence it has to be threshed out again and
again as the occasion may demand. Lau Yuen Yeung, was declared to have become a Filipino
citizen from and by virtue of her marriage to Moy Ya Lim Yao al as Edhilberto Aguinaldo Lim,
a Filipino citizen of January 25, 1962.