Constitutional Law Review (Sunga)

20. Republic v. Azucena Administrative Naturalization under RA

9139; or 3.) Derivative Naturalization.
Saavedra Batuigas (RPE)
G.R. No. 183110. Oct. 7, 2013 Derivative Naturalization is available to
TOPIC: Naturalization alien married to Filipino husbands.
(Chinese married to a Filipino=FILIPINO) Foreign women who are married to a
Filipino may be deemed ipso facto Ph
FACTS: Citizen and it is neither necessary to
1. Azucena filed a Petition for prove that they possess other
Naturalization. qualifications.
2. OSG filed its MTD for failure to allege
that she is engaged in a lawful The Court acknowledged that the main
occupation or in some known objective of extending the citizenship
lucrative trade. MTD dismissed. privilege to an alien wife is to maintain a
3. During the trial, neither the OSG nor unity of allegiance among family
the Provincial prosecutor appeared. members.
Azucena was allowed to present
evidence ex parte.
4. Azucena was born in Zamboanga on
Sept 1941 to Chinese parents, she has
never departed the Philippines. since
birth. She can speak English, Tagalog,
Visayan & Chavacano.
5. Azucena married Santiago, a natural-
born Filipino citizen.
6. After practicing her profession,
Azucena & her husband engaged in
retail business (rice, corn & copra).
7. The RTC granted the petition but the
OSG opposed alleging that Azucena
failed to comply with the income
requirement since as a Chinese citizen
she is not allowed to engage directly
or indirectly in retail trade.
8. CA: affirmed; financial condition
permits her family to live with the
prevailing standard of living.

ISSUE: Whether the Petition for

Naturalization should be granted – YES

HELD:
Under exiting law, an alien may acquire
Ph Citizenship in 3 ways: 1.) Judicial
Naturalization under CA 473; 2.)