USA College of Law

CUÑADA 1-D

Case Name 19. Republic vs. Judge Tandayag

Topic Philippine Citizenship
Case No. | Date G.R. No. 32999 | October 15, 1982
Ponente FERNANDO, C.J.
Filipino citizens who marry alien shall retain their citizenship unless they have renounced it under
Doctrine
the law.

RELEVANT FACTS
● Consolatrix Kho Sy, mother, appealed in the lower court to entitle her minor son, Edgardo Sy Tiongsa, a
declaration that he be entitled to a Philippine citizenship.
o Appeal was granted by the lower court declaring both mother and son citizens of the Republic of the
Philippines by repatriation.
o The decision was solely based on the case Talaroc v. Uy.
o It was pointed out that there is no need for judicial proceedings and repatriation may be obtained
by taking the required oath of allegiance and filing with the proper civil registry (Sec. 4, Com. Act No.
63, as amended).

● Motion for reconsideration was filed.

o In a brief submitted by the Solicitor General Office, it was alleged that there was procedural
deficiency with the lower court ruling.
o Doctrines in Talaroc v. Uy was disproved.

● Judge Teodulo C. Tandayag denied the Motion for reconsideration.

o The argument that “no satisfactory evidence” presented by the mother to support her claim of
citizenship was denied.
o She has proven in the open court that she was born in Iligan City to a Filipino father and a mother
who is still alive. She had worked as a public school teacher and a registered voter. All of his
brothers and sisters are Philippine Citizen.
o Even after marrying his Chinese husband, she has not taken any oath or allegiance to any states,
country or sovereign.

ISSUE: W/N the repatriation of the mother entitles her minor son to a declaration that he be entitled to
Philippine citizenship.
RULING: YES. The son is entitled to a Philippine citizenship.

It is neither fair or good policy to hold the respondent as alien after he had exercised the privileges of
citizenship and the Philippine government confirmed his citizenship on legal principle.

The mother is a natural born Filipino that had exercised the rights of being a Philippine citizen. And
that after being married to a Chinese did not renounce her citizenship. She reacquired Filipino
citizenship upon the death of her husband and her son, who was a minor  having born in 1952 and the
father having died in 1957, is entitled to Philippine citizenship. Similar to the decision in the case
Talaroc v. Uy, “that Uy became a Filipino citizen at least upon his father’s death.”
 USA College of Law
CUÑADA 1-D

RULING
AFFIRMED. It is ordered that Consolatrix Kho Sy repatriated and Edgardo Sy Tiongsa, her son, entitled to Philippine
citizenship.

NOTES
● Talaroc v. Uy
o The election of respondent Uy to the office of municipal mayor of Manticao, was challenged in a quo
warranto petition on the ground of lack of eligibility, he being a Chinese national.
o The lower court found the petition well-founded but the Supreme Court reversed.
o Respondent Uy was the son of a Chinese national, Uy Piangco, and a Filipino mother. He was born in
Iligan, Province of Lanao, in 1912. He had never been to China.
o He had voted in the previous elections and had held offices as inspector, public school teacher, clerk
and municipal treasurer.
o His brothers are Philippine citizens and have worked in both public and private offices.
o The lower court held "that Alejandro D. Uy became a Filipino citizen at least upon his father's
death."

J-Zyn Clare A. Cuñada 1-D