Burca v. Republic, G.R. NO.

L-24252, January 30, 1967

Facts:

This is a petition to declare Zita Ngo Burca as possessing all the qualifications and non of the
disqualification for naturalization under Commonwealth Act 473 for the purpose of cancelling her alien
registry with the Bureau of Immigration. She contest that she is of legal age, married to Florencio Burca,
a Filipino citizen, and a resident of Ormoc City.

Before her marriage she was a Chinese citizen, born in Surigao, and holder of native born
Certificate of residence, with that Zita Ngo Burca manifest that she has all the qualifications required
under Section 2 and none of the disqualifications required under Section 4 of Commonwealth Act 473.
The notice of the hearing was then sent to the office of the solicitor general, the solicitor general opposed
and moved to dismiss the petition on the ground that there is no proceeding established by law or the
rules for judicial declaration of the citizenship of an individual and that the petition is fatally defective for
failure to contain or mention the essential allegations required under section 7 of Naturalization law.

On December 1964, the trial court rendered a decision dismissing the petition and declaring Zita
Ngo Burca as possessing all the qualifications and non of the disqualifications to become a Filipino citizen.
RTC stated that Zita Ngo Burca being married to a Filipino citizen is hereby declared as citizen of the
Philippines after taking the necessary oath of allegiance. The solicitor general then appealed the judgment
of the RTC in the Supreme Court.

Issue:

Whether or not the petition of Zita Ngo Burca to become a citizen of the Philippines should be
granted?

Ruling:

No. The court states that in constitutional and legal precepts an alien woman who marries a
Filipino citizen does not automatically become a Filipino citizen. Congress in paragraph 1, Section 15 of
the revised naturalization law, any woman who is now or may hereafter be married to a citizen of the
Philippines and who might herself be lawfully naturalized shall be deemed a citizen of the Philippines, in
that pronouncement the court explains that an alien wife of a Filipino citizen may not acquire the status
of a citizen of the Philippines unless there is proof that she herself may be lawfully naturalized.