265 RP v. Batuigas

REPUBLIC OF THE PHILIPPINES V.
BATUIGAS
FACTS:
Azucena filed a Petition for Naturalization before the RTC of Zamboanga del Sur. She was born in Zamboanga del Sur on
September 28, 1941 to Chinese parents. Her primary, secondary and tertiary education were taken in Philippine schools. She then
practiced her teaching profession in various schools situated in the Philippines. In 1968, at the age of 26, Azucena married Santiago
Batuigas, a natural-born Filipino citizen. They have five children. After all the jurisdictional requirements mandated by Section 9 of
CA 473 had been complied with, the OSG filed its Motion to Dismiss on the ground that Azucena failed to allege that she is engaged
in a lawful occupation or in some known lucrative trade.
ISSUE:
WON the petition for naturalization should be granted
HELD:
WHEREFORE, the Petition is DENIED. The May 23, 2008 Decision of the Court of Appeals in CA-G.R. CV No. 00523 which
affirmed the January 31,2005 Decision of the Regional Trial Court, Branch 29, Zamboanga del Sur that granted the Petition for
Naturalization, is hereby AFFIRMED. Subject to compliance with the period and the requirements under Republic Act No. 530which
supplements the Revised Naturalization Law, let a Certificate of Naturalization be issued to AZUCENA SAAVEDRA BATUIGAS
after taking an oath of allegiance to the Republic of the Philippines. Thereafter, her Alien Certificate of Registration should be
cancelled.
Foreign women who are married to Philippine citizens may be deemed ipso facto Philippine citizens. Under existing laws, an
alien may acquire Philippine citizenship through either judicial naturalization under CA 473 or administrative naturalization under RA
9139 or the Administrative Naturalization Law of 2000. A third option, called the derivative naturalization which is available to alien
women married to Filipino husbands is found under Section 15 of CA 473 which provides that: “any woman who is now or may
hereafter be married to a citizen of the Philippines and who might herself be lawfully naturalized shall be deemed a citizen of the
Philippines”. Under this provision, foreign women who are married to Philippine citizens may be deemed ipso facto Philippine
citizens and it is neither necessary for them to prove that they possess other qualifications for naturalization at the time of their
marriage nor do they have to submit themselves to judicial naturalization. Copying from similar laws in the US which has since been
amended, the Philippine legislature retained Section 15 of CA 473, which then reflects its intent to confer Filipino citizenship to the
alien wife thru derivative naturalization.
The proper procedure for an alien wife to formalize the conferment of Filipino citizenship is as follows: the alien woman
must file a petition for the cancellation of her alien certificate of registration alleging among other things, that he is married to a
Filipino citizen and that she is not disqualified from acquiring her husband’s citizenship pursuant to Section 4 of CA 473, as
amended. Upon the filing of said petition, which should be accompanied or supported by the joint affidavit of the petitioner and her
Filipino husband to the effect that the petitioner does not belong to any of the groups disqualified by the cited section from becoming
naturalized Filipino citizen xxx the Bureau of Immigration conducts an investigation and thereafter promulgates its order or decision
granting or denying the petition.
In this case however, a petition for judicial naturalization and is not based on Section 15 of CA 473 which was denied by the then
Ministry of Justice. The lower court which heard the petition and received evidence of her qualifications and absence of
disqualifications to acquire Philippine citizenship, has granted the petition, which was affirmed by the CA.
Azucena is a teacher by profession and has actually exercised her profession before she had to quit her teaching job to assume her
family duties and take on her role as joint provider, together wth her husband, in order to support her family. Together, as husband
and wife were able to raise all their 5 children provided them with education and have all become professionals and responsible
citizens of this country. Certainly, this is proof enough of both husband and wife’s lucrative trade. Azucena herself is a professional
and can resume teaching anytime. Her profession never leaves her, and this is more than sufficient guarantee that she will not be a
charge to the only country she has know since birth.
This case however is not a Petition for judicial declaration of Philippine citizenship but rather a petition for judicial naturalization
under CA 473. In the first, the petitioner believes that he is a Filipino citizen and asks a court to declare or confirm his status as a
Philippine citizen, in the second, the petitioner acknowledges he is an alien and seeks judicial approval to acquire the privilege of
becoming a Philippine citizen based on requirements required under CA 473. Azucena has clearly proven, under strict judicial
scrutiny, that she is qualified for the grant of that privilege, and this Court will not stand in the way of making her a part of a truly
Filipino family.

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REPUBLIC OF THE PHILIPPINES V.

WON the petition for naturalization should be granted

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