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Repatriation and Citizenship Ruling

This document summarizes a court case from the Republic of the Philippines. An amended petition was granted allowing the mother, Consolatrix Kho Sy, to take an oath of allegiance and have her and her son Edgardo Sy Tiongsa's alien registration revoked. The lower court rejected claims of procedural deficiencies. The Supreme Court affirmed the lower court's ruling, finding that the mother had sufficiently proven she was a natural born Filipino citizen, having been born in Iligan City to Filipino parents. As such, her son was entitled to Philippine citizenship.

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649 views1 page

Repatriation and Citizenship Ruling

This document summarizes a court case from the Republic of the Philippines. An amended petition was granted allowing the mother, Consolatrix Kho Sy, to take an oath of allegiance and have her and her son Edgardo Sy Tiongsa's alien registration revoked. The lower court rejected claims of procedural deficiencies. The Supreme Court affirmed the lower court's ruling, finding that the mother had sufficiently proven she was a natural born Filipino citizen, having been born in Iligan City to Filipino parents. As such, her son was entitled to Philippine citizenship.

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Lylo Besares
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
  • Legal Case Context: Presents the legal proceedings initiated by the Republic of the Philippines concerning a petition for repatriation under the specific case number.

G.R. No.

L-32999 October 15, 1982

REPUBLIC OF THE PHILIPPINES, petitioner,


vs.
HONORABLE TEODULO C. TANDAYAG, as Judge of the Court of First Instance of Lanao del Norte, Branch IV,
stationed at Iligan City, and CONSOLATRIX KHO SY, in her own behalf and in behalf of her minor son, EDGARDO
SY TIONGSA, respondents.

The Solicitor General for petitioner.

Teodulo C. Tandayag in his own behalf.

FACTS:

In an amended petition for repatriation, a prayer was granted from a lower court "l—authorizing
petitioner's son, Edgardo Sy Tiongsa, to take his oath of allegiance to the Republic of the Philippines, at such time
and place as may be set forth in the judgment; and thereafter 2—an order issue directing the Commissioner,
Bureau of Immigration, Manila or his representative, to revoke, cancel or void the Alien Certificate of Registration
and Immigration Certificate of Residence of petitioner, Consolatrix Kho Sy and her minor child, Edgardo Sy
Tiongsa” . There was a motion for reconsideration based on alleged procedural deficiencies arising from lack of
conformity to the then applicable rules and regulations promulgated by the Department of Justice. The lower court
pointed out that there was no sufficient basis for the allegation of such procedural flaws. In the appeal to this
Court, it was even pointed out that repatriation, on the assumption of the mother being a Filipino citizen prior to
her marriage, may be obtained "by the simple expedient of taking the required oath of allegiance and its filing with
the proper civil registry (Sec. 4, Com. Act No. 63, as amended), without need of resorting to judicial proceedings."

In the an order denying the motion for reconsideration by respondent Judge Teodulo C. Tandayag, the argument
that there was "no satisfactory evidence" presented by the mother to support her claim for citizenship was
rejected. The appeal lacks merit.

ISSUE

Whether or not the repatriation of a mother, Consolatrix Kho Sy, entitles her minor son, Edgardo Sy Tiongsa, to a
declaration that... he is entitled to Philippine citizenship.

RULING

This contention could not be sustained because Consolatrix Kho Sy has proven in open Court that she was born in
Iligan City on September 7, 1921 of a Filipino father who is already dead and a Filipino mother who is still alive so
that she is a natural born citizen of the Philippines; that she was employed as a public school teacher in Iligan; that
she was a registered voter of Precinct No. 6, Iligan, in the 1946 elections; that all her sisters and brothers are
Filipino citizens. The petitioner, Consolatrix Kho Sy, has, therefore, satisfactorily proven that she was a Filipino
citizen by birth and continued to be such until her marriage to her Chinese husband on November 15, 1947, and
that she has not taken any oath of allegiance to any foreign state, country or sovereign."

WHEREFORE, the order appealed from must be affirmed, declaring Consolatrix Kho Sy repatriated and Edgardo Sy
Tiongsa, her son, entitled to Philippine citizenship.

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