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    Moya Lim Yao

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    John Elbert Falsis
    Lau Yuen Yeung, a Chinese citizen, entered the Philippines on a temporary visitor's visa in 1961. She overstayed her visa but was granted extensions. In 1962, she married Moy Ya Lim Yao, a alleged Filipino citizen. The Commissioner of Immigration sought to deport her after her authorized stay expired. The court case determined whether Lau Yuen Yeung became a Filipino citizen through her marriage under relevant citizenship laws. The Supreme Court ultimately ruled that under Section 15 of the citizenship law, Lau Yuen Yeung became a Filipino citizen upon her marriage to a Filipino citizen, as she did not meet any of the disqualifications under Section 4 of the same law.

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    © All Rights Reserved
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    Moya Lim Yao

    Uploaded by

    John Elbert Falsis
    133 views10 pages
    Lau Yuen Yeung, a Chinese citizen, entered the Philippines on a temporary visitor's visa in 1961. She overstayed her visa but was granted extensions. In 1962, she married Moy Ya Lim Yao, a alleged Filipino citizen. The Commissioner of Immigration sought to deport her after her authorized stay expired. The court case determined whether Lau Yuen Yeung became a Filipino citizen through her marriage under relevant citizenship laws. The Supreme Court ultimately ruled that under Section 15 of the citizenship law, Lau Yuen Yeung became a Filipino citizen upon her marriage to a Filipino citizen, as she did not meet any of the disqualifications under Section 4 of the same law.

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    Moya Lim Yao

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    Lau Yuen Yeung, a Chinese citizen, entered the Philippines on a temporary visitor's visa in 1961. She overstayed her visa but was granted extensions. In 1962, she married Moy Ya Lim Yao, a alleged Filipino citizen. The Commissioner of Immigration sought to deport her after her authorized stay expired. The court case determined whether Lau Yuen Yeung became a Filipino citizen through her marriage under relevant citizenship laws. The Supreme Court ultimately ruled that under Section 15 of the citizenship law, Lau Yuen Yeung became a Filipino citizen upon her marriage to a Filipino citizen, as she did not meet any of the disqualifications under Section 4 of the same law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    133 views10 pages

    Moya Lim Yao

    Uploaded by

    John Elbert Falsis
    Lau Yuen Yeung, a Chinese citizen, entered the Philippines on a temporary visitor's visa in 1961. She overstayed her visa but was granted extensions. In 1962, she married Moy Ya Lim Yao, a alleged Filipino citizen. The Commissioner of Immigration sought to deport her after her authorized stay expired. The court case determined whether Lau Yuen Yeung became a Filipino citizen through her marriage under relevant citizenship laws. The Supreme Court ultimately ruled that under Section 15 of the citizenship law, Lau Yuen Yeung became a Filipino citizen upon her marriage to a Filipino citizen, as she did not meet any of the disqualifications under Section 4 of the same law.

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    MOY YA LIM YAO

    VS.
    COMMISSIONER OF IMMIGRATION
    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    Lau Yuen Yeung applied for a


    passport visa to enter the Philippines as
    a non-immigrant on 8 February 1961.
    In the interrogation made in
    connection with her application for a
    temporary visitor's visa to enter the
    Philippines, she stated that she was a
    Chinese residing at Kowloon, Hongkong,
    and that she desired to take a pleasure
    trip to the Philippines to visit her great
    grand uncle, Lau Ching Ping.
    She was permitted to come
    into the Philippines on 13 March 1961
    for a period of one month.

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    On the date of her arrival, Asher Y. Cheng filed a bond in the amount of
    P1,000.00 to undertake, among others, that said Lau Yuen Yeung would actually
    depart from the Philippines on or before the expiration of her authorized period of
    stay in this country or within the period as in his discretion the Commissioner of
    Immigration or his authorized representative might properly allow.

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    After repeated extensions,


    Lau Yuen Yeung was allowed to stay
    in the Philippines up to 13 February
    1962. On 25 January 1962, she
    contracted marriage with Moy Ya
    Lim Yao alias Edilberto Aguinaldo
    Lim an alleged Filipino citizen.
    Because of the contemplated action
    of the Commissioner of Immigration
    to confiscate her bond and order
    her
    arrest
    and
    immediate
    deportation, after the expiration of
    her authorized stay, she brought an
    action for injunction.

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    At the hearing which took


    place one and a half years after her
    arrival, it was admitted that Lau Yuen
    Yeung could not write and speak
    either English or Tagalog, except for a
    few words. She could not name any
    Filipino neighbor, with a Filipino name
    except one, Rosa.
    She did not know the names of her
    brothers-in-law, or sisters-in-law. As a
    result, the Court of First Instance of
    Manila denied the prayer for
    preliminary injunction. Moya Lim Yao
    and Lau Yuen Yeung appealed.

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    ISSUE:
    Whether or not Lau Yuen Yeung
    ipso facto became a Filipino citizen
    upon her marriage to a Filipino
    citizen.
    HELD:
    Under
    Section
    15
    of Commonwealth Act 473, 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.

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    Section 4. Who are disqualified. - The following


    cannot be naturalized as Philippine citizens:
    Persons opposed to organized government or
    affiliated with any association or group of persons
    who uphold and teach doctrines opposing all
    organized governments;
    Persons defending or teaching the necessity or
    propriety of violence, personal assault, or
    assassination for the success and predominance
    of their ideas;
    Polygamists or believers in the practice of
    polygamy;
    Persons convicted of crimes involving moral
    turpitude;

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    Persons suffering from mental alienation or


    incurable contagious diseases;
    Persons who, during the period of their
    residence in the Philippines, have not mingled
    socially with the Filipinos, or who have not
    evinced a sincere desire to learn and embrace
    the customs, traditions, and ideals of the
    Filipinos;
    Citizens or subjects of nations with whom
    the United States and the Philippines are at
    war, during the period of such war;
    Citizens or subjects of a foreign country
    other than the United States whose laws do
    not grant Filipinos the right to become
    naturalized citizens or subjects thereof.

    MOY YA LIM YAO VS. COMMISSIONER OF IMMIGRATION


    G.R. No. L-21289, October 4 1971, 41 SCRA 292

    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.
    Lau Yuen Yeung, was declared to have
    become a Filipino citizen from and by
    virtue of her marriage to Moy Ya Lim
    Yao also known as Edilberto
    Aguinaldo Lim, a Filipino citizen of 25
    January 1962.

    END OF REPORT

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