Posted in Civil Law case digests

Lam Swee Sang vs. The Commonwealth of the Philippines GR No. 47623 September 16, 1947

FACTS:

                On October 15, 1947, the court ordered for the dismissal of the application for naturalization of the application Lam Swee Sang. The court ruled the applicant for naturalization was a Filipino citizen since although his father was Chinese, his mother FIlipno, he was born in Sulu, Philippines.  The Solicitor General on October 21, 1947, filed a motion for reconsideration contending that petitioner is not a Filipino citizen for the reason that the laws in force at the time of the birth of the petitioner, even if his parents were legally married (but no mention of it in the petition), the principle of jus soli could not be assailed.

The Solicitor-general citing the case of Chua vs. The Secretary of Labor mentioned that the principle of jus soli was not extended in the Philippines. Although the principle of jus soli was mentioned in the case of Munoz vs Collector of Customs,  it nowhere mentioned that the principle of jus soli was applied since the question at hand was was whether a person detained for not having a certificate of registration, as required by Act 702, could be admitted to bail pending determination of his appeal by this Court as to whether he did come within the provisions of said Act.

ISSUE:

Whether or not the question on citizenship be granted based on precedents, following the principle of stare decisis?

RULING:

                No. The court had set aside the decision of the Court of First Instance of Zamboanga, stating that the principle of jus soli under the 4th amendment of the US Constitution was not extended in the Philippines. Based on the law in force at the time of the birth of the petitioner, sec. 4 of the Philippine Bill as amended by Act of 23 March 1912, “inhabitants of the Philippine Islands continuing to reside therein who were Spanish subjects on the 11th day of April, 1899, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands”. Therefore, the applicant for naturalization, who was born of alien parentage, was not and is not, under said section, citizens of the Philippine Islands.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s