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DJUMANTAN, petitioner, vs. HON. ANDREA D.


respondents G.R. No. 99358 January 30, 1995
FACTS: Bernard Banez, the husband of Marina Cabael, went to Indonesia as a contract worker. On
April 3, 1974, he converted to Islam. On May 17, 1974, he married petitioner in accordance with
Islamic rites.
On January 1979, petitioner and her 2 children with Banez arrived in Manila as Banezs guests,
making it appear that he was just a family friend of petitioner and was merely repaying the
hospitability extended to him during his stay in Indonesia. Banez executed an "Affidavit of Guaranty
and Support," for his "guests".
In 1981, Marina Cabael discovered the true relationship of her husband and petitioner. She filed a
complaint for "concubinage" with the MTC, but was dismissed for lack of merit.
On March 25, 1982, the immigration status of petitioner was changed from temporary visitor to that
of permanent resident. On April 14, 1982, petitioner was issued an alien certificate of registration.
However, Banez's son, Leonardo, filed a letter complaint with the Ombudsman, who subsequently
referred the letter to the CID. On the basis of said letter, petitioner was detained at the CID detention
cell. She was later released pending the deportation proceedings. She moved for the dismissal of the
deportation case on the ground that she was validly married to a Filipino citizen under the Muslim
Code, which recognizes the practice of polyandry by Muslim males. She claims that public
respondents have no right to order the couple to live separately.
CID found the second marriage of Banes to respondent irregular and not in accordance with the
Philippines laws. CID revoked the visa previously granted to her.
ISSUE: Does marriage between an alien and a Filipino citizen grant the former permanent residence
status under Philippine Immigration Law?
There is no law guaranteeing aliens married to Filipino citizens the right to be admitted, much
less to be given permanent residency, in the Philippines. The fact of marriage by an alien to a
citizen does not withdraw her from the operation of the immigration laws governing the admission
and exclusion of aliens.
Marriage of an alien woman to a Filipino husband does not ipso facto make her a Filipino
citizen and does not excuse her from her failure to depart from the country upon the expiration
of her extended stay here as an alien (Joaquin v. Galang, 33 SCRA 362 [1970]).
Under Section 9 of the Immigration Act of 1940, it is not mandatory for the CID to admit any alien
who applies for a visitor's visa. Once admitted into the country, the alien has no right to an indefinite
stay. Under Section 13 of the law, an alien allowed to stay temporarily may apply for a change of
status and "may be admitted" as a permanent resident. Among those considered qualified to apply for
permanent residency is the wife or husband of a Philippine citizen (Immigration Act of 1940, Sec.
13[a]). The entry of aliens into the country and their admission as immigrants is not a matter of
right, even if they are legally married to Filipino citizens.