Topic: People / Citizens / Series of Conflicting SC Decisions re

Citizenship
Jose Tan Chong vs Secretary of Labor
GR No. 47616
September 16, 1947
and
Lam Swee Sang vs The Commonwealth of the Philippines
GR No. 47623
September 16, 1947
Ponente: Padilla, J.
Facts:
Tan Chong (petitioner) born in San Pablo, Laguna in July 1915 to a
Chinese father and a Filipino mother who were lawfully married. He left
for China in 1925 and returned to the Philippines on January 25, 1940.
Lam Swee Sang (applicant) born in Jolo, Sulu on May 8, 1900 to a
Chinese father and a Filipino mother. It is not clear whether or not they
were legally married. He has been residing in the Philippines from his
birth to his filing of his application for naturalization on November 16,
1938. He speaks the local dialect, Spanish and English. He is married
to a Filipina and has three children by her.
October 15, 1941
SC affirmed judgment of CFI (Manila) granting writ of habeas
corpus petitioned for by Tan Chong on the grounds that since he
is a native of the Philippines born of a Chinese father and Filipino
mother, he is also a citizen of the Philippines.
SC also decided to dismiss the petition of Lam Swee Sang for
naturalization (filed in the CFI - Zamboanga) on the grounds that
since he was born in Sulu of a Chinese father and Filipino mother,
he is also a citizen of the Philippines. Dismissing the petition
meant that there was no need to apply for naturalization.
October 21, 1941
Solicitor General filed for a motion for reconsideration for both
cases SolGen contends that they were still not Filipino citizens
because of the laws in place at the time of their birth.

He argued that common law principle of jus soli (14th amendment

to the US Constitution) did not apply in these cases because it
was not extended to the Philippines.

Principle of jus soli law of the soil citizenship of a person is

determined by the place where a person was born.
Jus soli was followed in the Philippines until Sept. 30, 1939 in the
case of Chua vs Secretary of Labor when the Court abandoned
this rule under the provisions of Sec 2 of the Jones Law.
In the cases of Torres and Gallofin vs Tan Chim (Feb 3, 1940) and
Gallofin vs Ordonez (June 27, 1940) however, SC reverted to the
rule of jus soli.
At the time of the petitioner and the applicants birth, the law in force
and applicable to their cases was sec. 4 of the Philippine Bill of 1902 as
amended by Act of 23 March 1912, which provides that only those
inhabitants of the Philippine Islands continuing to reside therein who
were Spanish subjects on the 11th day of April, 1899; and then resided
in said Islands, and their children born subsequent thereto, shall be
deemed and held to be citizens of the Philippine Islands.
Issue: W/N the petitioner and the applicant are citizens of the
Philippine Islands.
Held: No. Citizenship of the petitioner and the applicant should be
determined from the law in force at the time of their birth and
circumstances of their birth. In Tan Chongs case, upon his birth he was
born of a Filipino mother and a Chinese father (who was not a Spanish
subject). In Lam Swee Sangs case, besides the fact that his father was
a Chinese subject, there was no law on Philippine citizenship at the
time of his birth.
In both their cases, since their parents were not subjects of Spain, they
both did not acquire Philippine citizenship at birth by virtue of sec 4 of
the Philippine Bill of 1902.
Ruling: SCs decision in the first case of confirming the lower courts
judgment is set aside, the judgment of the CFI of Manila appealed from
is reversed and the petitioner is recommitted to the custody of the
Commissioner of Immigration to be dealt with in accordance with law.
SCs decision in the second case is set aside, the decree of the CFI of
Zamboanga appealed from granting the applicants petition for
naturalization is affirmed.

Notes: It is a case under the topic conflicting decisions since these

were the decisions that came before it:
- Roa vs Collector of Customs, declared by court to be a citizen by
jus soli.
- Paz Chua vs Secretary of Labor, not declared to be a citizen and
held that jus soli was never adopted in the Philippines.
- Torres vs Tan Chim, declared by court to be a citizen by jus soli.