FLORENTINO VILLAHERMOSO VS. THE COMMISSIONER OF IMMIGRATION

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FLORENTINO VILLAHERMOSO VS. THE COMMISSIONER OF IMMIGRATION. G.R.NO. L-1663. MARCH 31, 1948

FACTS:


In the night of March 24, 1947, a party of sicty nine Chinese landed clandestinely on the shores of Sto. Domingo, Ilocus Sur, in an attempt to evade our immigration laws. Leading them was Delfin Co, an 18-year-old man born in Tarlac, of Chinese father named Co Suy and Florentina Villahermoso, his wife. Delfin left Philippine for China as a Chinese repatriate. However due to financial difficulties in China, he took steps to return and along with other co-patriots, he leads them to Ilocus Sur where they can have her mother assistance. They were discovered and apprehended upon their arrival.

The order of deportation of Delfin Co as a Chinese citizen to China has been issued. Florentino after knowing the apprehension of her son, filed an oath of allegiance to resume her Philippine citizenship and thereafter contended that as a result of such re-acquisition, his son being a minor follow her citizenship.

ISSUE:

Whether Co become Filipino citizen after her mother reacquire Philippine citizenship after his apprehension.
09504701204

HELD:

No. Having entered into this country surreptitiously is subject to deportation. Minor children of Filipino mothers under Paragraph 4 section 1 of Article IV of the Constitution, a minor children of Filipino mothers do not become Filipino citizens until they shall have upon reaching the age of majority, elected Philippine citizenship.

Repatriation of Filipina, under commonwealth act, does not provides that her children acquire Philippine citizenship. And any change of status after his illegal entry cannot affect the legality of aliens’ detention for purposes of deportation.

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