The Chinese who was denied of his application for Philippine citizenship
Decades ago many Chinese who settled in Cebu applied for naturalization as Filipino citizens. Others were granted while others were denied by our courts.
Among those who were denied was Vy Tian and here is his story:
Vy Tian alias "Si Un" assisted by Nicolas Jamapao, a Liloan, Cebu born lawyer (admitted to the Philippine Bar on May 16, 1950), sought to become a Filipino citizen by filing a petition before the Court of First Instance of Cebu.
The petition of Vy Tian was supported by the joint affidavit of Vicente Villanueva Sr., Fausto Lim Jr. and Pablo Hisoler, all residents of Cebu City.
Vy Tian, born in China on December 11, 1918, arrived in the Philippines on July 27, 1936 and resided in Sampaloc, Manila. In 1939 he transferred to Dipolog, Zamboanga del Norte.
After World War II, Vy Tian transferred to Cebu City and resided in Tuti Street (renamed as Tomas Abella St.). In 1949, Vy Tian transferred to Plaridel St., Cebu City. Upon his arrival and until his application for naturalization he stayed for a period of 25 years in the Philippines.
Vy Tian married Conchita Que, also a Chinese citizen, with whom they had eight children, namely, Rosa born on November 29, 1949, Junior born on April 19, 1951, Dionisio born on July 31, 1952, Loreta born on December 13, 1953, Alex born on February 27, 1955, Nelson born on July 4, 1957, Philip born on March 27, 1960, and Elten born on September 25, 1961.
All the children of Vy Tian were registered as aliens in the Bureau of Immigration. Vy Tian enrolled his children, Rosa, Junior, Dionisio, Loreta and Alex at the Cebu Kian Kee High School.
Vy Tian was a businessman who solely owned the firm "Sen Chuan Hong Trading" and invested a capital of P50,000 and derived an income of P6,000 to P7,000 a year.
When the application for citizenship was filed what was in control was the 1935 Constitution. In Article IV of the Constitution, it enumerated the following as Filipino citizens:
"Section 1. The following are citizens of the Philippines:
1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.
2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.
3) Those whose fathers are citizens of the Philippines.
4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.
5) Those who are naturalized in accordance with law."
In the application for Filipino citizenship, Vy Tian and all applicants should not be Communists and has to forever renounce any allegiance to any foreign prince or sovereignty, particularly Nationalist China.
The Court of First Instance of Cebu granted the petition of Vy Tian. However the Solicitor General in behalf of the government opposed and appealed the ruling of the court.
Unfortunately the Supreme Court in an En Banc, meaning the entire court deciding through Bautista Angelo on July 30, 1965 reversed the ruling of the Court of First Instance and denied the application of Vy Tian.
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