What would be the remedy of a citizen or an inhabitant of the country claiming to be a citizen thereof, who is being required or compelled to register as alien by administrative officers of the Government, who, relying upon ruling or opinions of superior administrative officers are in turn complying with their duty? If the person claiming to be a citizen of the country who is being required or compelled to register as alien, can show, establish, prove that he is such citizen, the remedy of injunction to prevent the offices from requiring or compelling him to register as alien is certainly the proper and adequate remedy to protect his right.
The trial Court states that —
..., the petitioner presented documentary evidence to which the Solicitor made no objection. The evidence presented shows, that Lorenzo Lim was born on January, 26, 1905, in Tulay, Jolo, Sulu, being the illegitimate son of Lam Hing. The parents of petitioner, Lorenzo Lim are Lam Hing, Chinese citizen and Mora Alsia a Filipino citizen whose parents were Abdul Hussin and Mora Tamsila both Filipinos. Lam Hing died in 1907 while Mora Alsia died in 1908. The parents of Lam Hing during their life time were never married. Petitioner, Lorenzo Lim was never registered with the Bureau of Immigration as an alien and in all his transactions with the government, he has been known to be a Filipino citizen. Furthermore the evidence shows that Lorenzo Lim and Juana Alvarez were legally married. With the evidence presented, the Court believes that the spouses Lorenzo Lim and Juana Alvarez Lim are Filipino citizens either; by reason of Lorenzo Lim's illegitimacy, or, granting that the parents of Lorenzo Lim were legally married, by Lorenzo Lim's mother reversion to Philippine citizenship when his father died.
Inasmuch as there was no marriage between the parents of petitioner, Lorenzo Lim, he is a Filipino citizen since he follows the citizenship of his mother Mora Alsia from birth.
These findings are supported by the documents and answers of witnesses to interrogatories presented as evidence without objection.
As stipulated by the parties, on 18 July 1941 after the passage of Commonwealth Act No. 625 on 7 June 1941, petitioner Lorenzo Lim elected Filipino citizenship (Annex C); in 1928, 1931, 1934 and 1955 elections, petitioner Lorenzo Lim was a registered voter; in 1957 petitioner Lorenzo Lim alias Lam Shun Hock applied for a passport and based on a memorandum by the Citizenship Committee on the Department for Foreign Affairs he was issued Filipino Passport No. 3590; in the same year the Court of First Instance of Zamboanga City granting the petition for a change of name stated that petitioner Lorenzo Lim is a Filipino citizen; the petitioner as well as his wife Juana Alvarez Lim has never been registered as aliens; and the certificate of registration of business name of the petitioner Lorenzo Lim recites that he is a Filipino citizen. All these go to strengthen the finding of the trial court that the petitioner Lorenzo Lim is such a citizen.
The opinions of the Department of Justice referred to do not have a conclusive character or effect as they are based on findings that the evidence then submitted was incompetent and the petitioner's statement was unsupported and hence insufficient to warrant a conclusion that the petitioner is a Filipino citizen.
The judgment appealed from is affirmed, without special pronouncement as to costs.
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