Morano vs. Vivo (20 SCRA 562)

Facts: Petitioners are Chinese nationals (Chan Sau Wah from Fukein, with a minor child from prior marriage, Fu Yan Fun) who were granted a temporary visitor’s visa as mom-immigrant for 2 months upon posting P4k cash bond to visit a cousin in the Philippines. She soon married to Esteban Morano, a Filipino Citizen, on January 24, 1962 and gave birth to a child, Esteban Morano, Jr. After several extensions to prolong stay in Philippines, their visas expired on Sept. 10, 1962 and were ordered by Commissioner of Immigration (COI) on Aug. 31, 1962 thru a letter, to leave the country on or before Sept. 10, 1962 with warning of issuance of warrant of arrest for failure to leave and confiscation of bond.

Petitioners then filed with the CFI of Manila for Mandamus to compel COI to cancel their ACR, to stop issuing arrest warrant, and preliminary injunction from confiscating their bond. They argue that Chan Sau Wah became a Filipino Citizen upon marriage to Esteban Morano by virtue of Section 15 of Commonwealth Act No. 473 (Revised Naturalization Act). Likewise, it argues that Section 37 of the Naturalization Law is unconstitutional for allowing the COI to issue warrant of arrest and effecting deportation without judicial intervention enshrined in the Constitution. CFI decided partly against petitioners, thus, COI and petitioners both appealed to SC.

Issues:

• Whether or not the marriage of Chan Sau Wah to Esteban Morano makes her a Filipino citizen.
• Whether or not Section 37 of the Naturalization Law empowering the COI to issue a warrant of arrest, and deport upon a warrant on deportation cases is unconstitutional for are covered by the Constitutional mandate on searches and seizures without judicial intervention required under the Constitution on searches and seizures.

Ruling:

Citizenship. Marriage to a Filipino citizen does not ipso facto make her a Filipino citizen. She must show that she possess all the qualifications, and none of the disqualifications required by the Naturalization Law requiring as follows:

• Valid marriage; and
• Alien woman herself might be lawfully naturalized

In the additional stipulation of facts of July 3, 1963, petitioners admit that Chan Sau Wah is not possessed of all the qualifications required by the Naturalization Law. Thus, she did not become a Filipino citizen.

Searches and seizures. Power to deport aliens is an attribute of sovereignty planted on the accepted maxim of international law, that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions. Section 1 (3), Article III of the Constitution, does not require judicial intervention in the execution of a final order of deportation issued in accordance with law. The constitutional limitation contemplates an order of arrest in the exercise of judicial power as a step preliminary or incidental to prosecution or proceeding for a given offense or administrative action, not as a measure indispensable to carry out a valid decision by a competent official, such as a legal order of deportation, issued by the Commissioner of Immigration, in pursuance of a valid legislation.

Petition for mandamus and prohibition with respect to petitioners Chan Sau Wah is hereby denied; and judgment declaring her a citizen of the Philippines, directing COI to cancel her Alien Certificate of Registration and other immigration papers, and declaring the preliminary injunction with respect to her permanent, are all hereby set aside; and in all other respects, the decision appealed is hereby affirmed.