Mo Ya Lim Yao vs.

Commisioner of Immigration
FACTS:
On February 18, 1961, the petitioner, Lau Yeun Yueng, applied for passport visa (visitors
visa) as a non-immigrant. Upon arrival, Asher Cheng was filed a bond, as assurance that Yueng
will leave the country on or before the day of expiration of her authorized stay in the Philippines.
Her stay was extended until 1962. She also contracted a marriage with Mo Ya Lim Yao or
Edilberto Aguinaldo Lim. Because of the anticipated course of action of the authorities, which
involves the confiscation of her bond and her arrest, she filed for injunction with preliminary
injunction. After a year and a half, it was concluded that she cannot speak nor write in Filipino
and English. The court concluded that the preliminary injunction cannot be sustained because she
does not meet all the qualifications. This is clearly stated in Section 15 of the Revised
Naturalization Law which provides:

Effect of the naturalization on wife and children. 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.
The couple appealed.
ISSUE: Whether or not the petitioner ipso facto was naturalized and became a Filipino citizen
upon contracting marriage with a Filipino.
RULING: Yes. The Court declared Lau Yeun Yueng as a Filipino citizen by virtue of her
marriage with Mo Ya Lim Lao. The representative is also enjoined from confiscation bond and
causing arrest and deportation of the petitioner.
RATIONALE: The Section provided 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." has been amended because of the problematic interpretations from
various cases presented. In the end, it only means that 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.
Regarding the steps that should be taken by an alien woman married to a Filipino citizen in order
to acquire Philippine citizenship, the procedure followed in the Bureau of Immigration is as
follows: The alien woman must file a petition for the cancellation of her alien certificate of
registration alleging, among other things, that she is married to a Filipino, citizen and that she is
not disqualified from acquiring her husband's citizenship pursuant to section 4 of
Commonwealth Act No. 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 (please see attached CEB Form 1), the Bureau of
Immigration conducts an investigation and thereafter promulgates its order or decision granting
or denying the petition.