ALFONSO DY CUECO, petitioner-appellee
HONORABLE. SEC. OF JUSTICE and THE HONORABLE, THE
COMMISSIONER OF IMMIGRATION,respondents-appellants
G.R. No. L-18069. May 26, 1962. EN BANC
FACTS:
On May 19, 1951, counsel for petitioner
Alfonso Dy Cueco wrote to the Commissioner of Immigration a letter requesting
the cancellation of his alien certificate of registration, upon the ground that
he had exercised the right to elect Philippine citizenship pursuant to Article
IV, section I(4) of the Constitution and Commonwealth Act No. 625. Said
election appears in an affidavit dated May 15, 1951, stating, among other
things, that petitioner was born in Dapa, Surigao, on February 16, 1923; that
his parents are "Benito Dy Cueco, Chinese (now deceased)" and
"Julita Duyapat, Filipina, a native of Surigao, Philippines"; that he
is "married to Rosalinda Villanueva, a Filipina", by whom he has four
(4) legitimate children. On the same date, Cueco, likewise, took the
corresponding oath of allegiance to the Republic of the Philippines.
The Commissioner of Immigration
referred the matter to the Secretary of Justice, who, on June 18, 1957,
rendered an opinion holding that the alleged Philippine citizenship of Cueco's
mother had not been sufficiently established and that he did not thereby become
a Filipino citizen.
Cueco sought a rehearing and tried to
establish that his delay in electing Philippine citizenship was due to the
belief that he was a citizen of the Philippines. However such petition was
denied. On January 9, 1960, Cueco instituted in the CFI of Manila the present
action for mandamus against the Secretary of Justice and the Commissioner of
Immigration, to compel them to recognize as valid said election of Philippine
citizenship and to cancel his alien's certificate of registration. In their
answer to the petition for mandamus, respondents assailed Cueco's right to said
writ, but, after appropriate proceedings, said court rendered judgment for the
petitioner.
ISSUE:
WON the election of Philippine
citizenship is valid.
RULING:
NO. Pursuant to the provision of
Section 1, Paragraph (4) of Article IV of the Constitution, two (2) conditions
must concur in order that the election of Philippine citizenship therein
mentioned may be effective, namely: (a) the mother of the person making the
election must be a citizen of the Philippines; and (b) said election must be
made "upon reaching the age of majority.
The only evidence on the political
status of Cueco's mother, consists of a certificate of baptism, stating that she
was born in General Luna, Surigao, on July 30, 1881, and that her parents were
Marcelino Duyapat and Consolacion Gonzaga, and a picture showing that she has
the features of a Filipina and is attired in the typical dress of a Filipina.
Considering that the writ of mandamus will issue, merely to exact compliance
with a clear legal duty resulting from an office, trust or station, the SC
holds that the Secretary of Justice did not err in finding that said proof is
insufficient to establish that Cueco's mother was a citizen of the Philippines.
Regardless, Cueco was
born on February 16, 1923. He became of age on February 16, 1944. His election
of citizenship was made on May 15, 1951, when he was over twenty-eight (28)
years of age, or over seven (7) years after he had reached the age of majority.
It is clear that said election has not been made "upon reaching the age of
majority." It is true that this clause has been construed to mean a
reasonable time after reaching the age of majority, and that the Secretary of
Justice has ruled that three (3) years is the reasonable time to elect
Philippine citizenship under the constitutional provision adverted to which
period may be extended under certain circumstances, as when the person
concerned has always considered himself a Filipino. For this reason, Cueco
introduced evidence to the effect that he is referred to as a Filipino in his
birth certificate, in his marriage contract and in the birth certificate of his
children; that he married a Filipina; and that he enlisted in the Philippine
guerilla forces in December 1942. It should be noted, however, that he joined a
unit of Chinese volunteers and that he registered himself in
the Bureau of Immigration as a Chinese. Moreover, it appears that, as early, as
1947, Cueco knew that he had to make a formal election, if he wanted to be a
citizen of the Philippines, and yet he did not do so until four (4) years
later, or in May 1951. The reasons given by him for such delay were his alleged
financial difficulties and the illness of members of hisfamily. Such explanation
is patently insufficient to excuse said delay or to warrant extension of the
period to elect Philippine citizenship.
