Swee Sang vs. The Commonwealth of the Philippines
September 16, 1947
Jose Tan Chong, petitioner and appelle,
The Secretary of Labor, respondent and appellant
Lam Swee Sang, petitioner and appellee,
The Commonwealth of the Philippines, oppositor and appellant
- On October 15, 1941, a decision was rendered in the case of Tan Chong vs. Secretary of Labor, whereby this Court affirmed the judgment of the Court of First Instance of Manila, which had granted the writ of habeas corpus applied for by tan Chong, on the ground that he, being a native of the Philippines, of a Chinese father and a Filipino mother, is a citizen of the Philippines. - On the same date, in the case of Lam Swee Sang vs. Commonwealth of the Philippines, this Court rendered a decision dismissing the petition of the applicant for naturalization filed in the Court of First Instance of Zamboanga, on the ground that the applicant, having been born in Sulu, Philippines, of a Chinese father and Filipino mother, is a citizen of the Philippines. The dismissal of the petition implies and means that there was no need of naturalization for the applicant who is a Filipino citizen. - The petitioner in the first case was born in San Pablo, Laguna, in July 1915, of a Chinese father and a Filipino mother, lawfully married, left for China in 1925, and returned to the Philippines on 25 January1940. The applicant in the second case was born in Jolo, Sulu, on 8 May 1900, of a Chinese father and a Filipino mother. It does not appear whether they were legally married, so in the absence of proof to the contrary they are presumed to be lawfully married. From the date of his birth up to 16 November 1938, the date of filing of his application for naturalization, and up to the date of hearing, he had been residing in the Philippines. He is married to a Filipino woman and has three...