Carlos vs Ramos
These petitions stemmed from the complaint-affidavit for deportation initiated by Luis T. Ramos against Jimmy T. Go alleging that the latter is an illegal and undesirable alien. Luis alleged that while Jimmy represents himself as a Filipino citizen, Jimmy’s personal circumstances and other records indicate that he is not so. Luis argued that although it appears from Jimmy’s birth certificate that his parents, Carlos and Rosario Tan, are Filipinos, the document seems to be tampered, because only the citizenship of Carlos appears to be handwritten while all the other entries were typewritten.
ISSUE: Did we adopt the jus soli or jus sanguinins principle? Does the principle of res adjudicata apply to decisions on citizenship?
HELD: We adopted the jus sanguinis principle. The doctrine of jus soli was never extended to the Philippines. The doctrine of jus soli was for a time the prevailing rule in the acquisition of one’s citizenship. However, the Supreme Court abandoned the principle of jus soli in the case of Tan Chong v. Secretary of Labor. Since then, said doctrine only benefited those who were individually declared to be citizens of the Philippines by a final court decision on the mistaken application of jus soli.
In citizenship proceedings, res judicata does not obtain as a matter of course. Res judicata may be applied in cases of citizenship only if the following concur: 1. a person’s citizenship must be raised as a material issue in a controversy where said person is a party; 2. the Solicitor General or his authorized representative took active part in the resolution thereof; and 3. the finding or citizenship is affirmed by this Court.
These petitions stemmed from the complaint-affidavit for deportation initiated by Luis T. Ramos against Jimmy T. Go alleging that the latter is an illegal and undesirable alien. Luis alleged that while Jimmy represents himself as a Filipino citizen, Jimmy’s personal circumstances and other records indicate that he is not so. Luis argued that although it appears from Jimmy’s birth certificate that his parents, Carlos and Rosario Tan, are Filipinos, the document seems to be tampered, because only the citizenship of Carlos appears to be handwritten while all the other entries were typewritten.
ISSUE: Did we adopt the jus soli or jus sanguinins principle? Does the principle of res adjudicata apply to decisions on citizenship?
HELD: We adopted the jus sanguinis principle. The doctrine of jus soli was never extended to the Philippines. The doctrine of jus soli was for a time the prevailing rule in the acquisition of one’s citizenship. However, the Supreme Court abandoned the principle of jus soli in the case of Tan Chong v. Secretary of Labor. Since then, said doctrine only benefited those who were individually declared to be citizens of the Philippines by a final court decision on the mistaken application of jus soli.
In citizenship proceedings, res judicata does not obtain as a matter of course. Res judicata may be applied in cases of citizenship only if the following concur: 1. a person’s citizenship must be raised as a material issue in a controversy where said person is a party; 2. the Solicitor General or his authorized representative took active part in the resolution thereof; and 3. the finding or citizenship is affirmed by this Court.
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