Ujano vs. Republic

VOL.
17, MAY 19, 1966 147

Ujano vs. Republic
No. L-22041. May 19, 1966.
MELECIO CLARINIO UJANO, petitioner and appellant,

vs. REPUBLIC OF THE PHILIPPINES, oppositor and
appellee.
Citizenship; Residence is required in reacquisition of

Philippine citizenship.—One of the qualifications for reacquiring
Philippine citizenship is that the applicant shall have resided in
the Philippines at least six months before he applies for
naturalization [Section 3(1), Commonwealth Act No. 63].
Same; Domicile; Residence; Term “residence” construed.—The
term “residence” in Commonwealth Act No. 63 has already been
interpreted to mean the actual or constructive permanent home
otherwise known as legal residence or domicile (Wilfredo
Uytengsu vs. Republic of the Philippines, 95 Phil. 890). A place in
a country or state where he lives and stays permanently, and to
which he intends to return after a temporary absence, no matter
how long, is his domicile. In other words, domicile is characterized
by animus manendi. “Residence” imports not only an intention to
reside in a f ixed place but also presence coupled with conduct
indicative of such intention (Yen vs. Republic, L-18885, Jan. 31,
1964; Nuval vs. Guray, 52 Phil. 645). So an alien who has been
admitted into this country as a temporary visitor, either for
business or pleasure, or for reasons of health, though actually
present in this country cannot be said to have established his
domicile here because the period of his stay is only temporary in
nature and must leave when the purpose of his coming is
accomplished.
Same; Reacquisition of Philippine citizenship.—Since legal
residence for six months is required for the reacquisition of
Philippine citizenship, the applicant should secure a quota for
permanent residence here. A permit for temporary residence
would not be sufficient. He is not qualified to reacquire Philippine
citizenship.
APPEAL from om a decision of the Court of First Instance
of Ilocos Sur.
The facts are stated in the opinion of the Court.

148
148 SUPREME COURT REPORTS ANNOTATED

Ujano vs. Republic
Tagayuna, Arce & Tabaino for petitioner and appellant.

Solicitor General Arturo A. Alafriz. Assistant Solicitor
F.C. Zaballero and Solicitor Camilo D. Quiason for
oppositor and appellee.
BAUTISTA ANGELO, J.:
Petitioner seeks to reacquire his Philippine citizenship in a

petition filed before the Court of First Instance of Ilocos
Sur.
Petitioner was born 66 years ago of Filipino parents in
Magsingal, Ilocos Sur. He is married to Maxima O. Ujano
with whom he has one son, Prospero, who is now of legal
age. He left the Philippines for the United States of
America in 1927 where after a residence of more than 20
years he acquired American citizenship by naturalization.
He returned to the Philippines on November 10, 1960 to
which he was admitted merely for a temporary stay. He
owns an agricultural land and a residential house situated
in Magsingal, Ilocos Sur worth not less than P5,000.00. He
receives a monthly pension of $115,00 from the Social
Security Administration of the United States of America.
He has no record of conviction and it is his intention to
renounce his allegiance to the U.S.A.
After hearing, the court a quo rendered decision denying
the petition on the ground that petitioner did not have the
residence required by law six months before he filed his
petition for reacquisition of Philippine citizenship. Hence
the present appeal.
The court a quo, in denying the petition, made the
following comment: “One of the qualifications for
reacquiring Philippine citizenship is that the applicant
‘shall have resided in the Philippines at least six months
before he applies for naturalization’ [Section 3 (1),
Commonwealth Act No. 63]. This residence’ requirement in
cases of naturalization, has already been interpreted to
mean the actual or constructive permanent home otherwise
known as legal residence or domicile (Wilfredo Uytengsu
vs. Republic of the Philippines, 95 Phil. 890). A place in a
country or state where be lives and stays permanently,
149
VOL. 17, MAY 19, 1966 149

Ujano vs. Republic
and to which he intends to return after a temporary

absence, no matter how long, is his domicile. In other words
domicile is characterized by animus manendi. So an alien
who has been admitted into this country as a temporary
visitor, either for business or pleasure, or for reasons of
health, though actually present in this country cannot be
said to have established his domicile here because the
period of his stay is only temporary in nature and must
leave when the purpose of his coming is accomplished. In
the present case, petitioner, who is presently a citizen of
the United States of America, was admitted into this
country as a temporary visitor, a status he has maintained
at the time of the filing of the present petition for
reacquisition of Philippine citizenship and which continues
up to the present. Such being the case, he has not complied
with the specific requirement of law regarding six months
residence before filing his present petition.”
We can hardly add to the foregoing comment of the court
a quo. We find it to be a correct interpretation [Section 3(1)
of Commonwealth Act No. 63] which requires that before a
person may reacquire his Philippine citizenship he “shall
have resided in the Philippines at least six months before
he applies for naturalization.” The word “residence” used
therein imports not only an intention to reside in a fixed
place but also personal presence coupled with conduct
indicative of such intention (Yen vs. Republic, L-18885,
January 31, 1964; Nuval vs. Guray, 52 Phil. 645). Indeed,
that term cannot refer to the presence in this country of a
person who has been admitted only on the strength of a
permit for temporary residence. In other words, the term
residence used in said Act should have the same
connotation as that used in Commonwealth Act No. 473,
the Revised Naturalization Law, even if in approving the
law permitting the reacquisition of Philippine citizenship
our Congress has liberalized its requirement by foregoing
the qualifications and special disqualif ications prescribed
therein. The only way by which petitioner can reacquire his
lost Philippine citizenship is by securing a quota for
permanent residence so that he may come within the
purview of the residence require-
150
150 SUPREME COURT REPORTS ANNOTATED

Paragas vs. Bernal, et al.
ment of Commonwealth Act No. 63.

Wherefore, the decision appealed from is affirmed. No
costs.
Chief Justice Cesar Bengzon and Justices Concepcion,

J.B.L. Reyes, Barrera, Regala, J.P. Bengzon, Zaldivar and
Sanchez, concur.
Judgment affirmed.
NOTES
Residence as meaning domicile.—The rule in the Ujano

case, that the term “residence” in Commonwealth Act No.
63 means domicile, is similar to the other rulings
construing the term “residence” in other laws. “For the
exercise of civil rights and the fulfillment of civil
obligations, the domicile of natural persons is the place of
their habitual residence” (Art. 50, New Civil Code).
Thus, residence was considered synonymous with
domicile (1) in connection with section 8 of the Revised
Naturalization Law, providing for the venue of a
naturalization proceeding (Zuellig vs. Republic, 83 Phil.
768; Republic vs. Lim, 88 Phil. 789; Chausintek vs.
Republic, 88 Phil. 717; King vs. Republic, 89 Phil. 4;
Squillantini vs. Republic, 88 Phil. 135): (2) in election and
suffrage laws (Gallego vs. Verra, 73 Phil. 453; Larena vs.
Teves, 61 Phil. 39; (3) in connection with the venue of
actions under Rule 4 of the Revised Rules of Court (Corre
vs. Tan Corre, 100 Phil. 321; Evangelista vs. Santos, 86
Phil. 387; and (4) in connection with the venue of a special
proceeding for the settlement of the estate of a deceased
person, Rule 73 of the Revised Rules of Court (Eusebio vs.
Eusebio, 100 Phil. 593).
—————
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VOL.

17, MAY 19, 1966 147

No. L-22041. May 19, 1966.

MELECIO CLARINIO UJANO, petitioner and appellant,

Citizenship; Residence is required in reacquisition of

The facts are stated in the opinion of the Court.

148 SUPREME COURT REPORTS ANNOTATED

Tagayuna, Arce & Tabaino for petitioner and appellant.

BAUTISTA ANGELO, J.:

Petitioner seeks to reacquire his Philippine citizenship in a

VOL. 17, MAY 19, 1966 149

and to which he intends to return after a temporary

150 SUPREME COURT REPORTS ANNOTATED

ment of Commonwealth Act No. 63.

Chief Justice Cesar Bengzon and Justices Concepcion,

Residence as meaning domicile.—The rule in the Ujano

© Copyright 2018 Central Book Supply, Inc. All rights reserved.

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