DJUMANTAN v. HON. ANDREA D.

DOMINGO, COMMISSIONER OF THE BOARD OF

IMMIGRATION, HON. REGINO R. SANTIAGO AND HON. JORGE V. SARMIENTO,
COMMISSIONERS BUREAU OF IMMIGRATION AND DEPORTATION
G.R. NO. 99358, JANUARY 30, 1995

FACTS:
Bernardo Banez, married to Marina Cabael, later went to Indonesia to be a contractual worker.
Later on he converted to Islam and was remarried to another women, Djumantan, in accordance to the
Islamic rites. Five years later, January 1979, he returned to the Philippines and to his first wife. However,
his second wife with their two children followed him a few days later. They met with Bernardo and
Marina at the airport, although Marina was unaware of her husband’s true relation to the family as well as
the Commission of Immigration and Deportation. He identified them as friends from the family who
extended their hospitality to him during his stay at Indonesia. Bernardo executed an Affidavit of Guaranty
and Support to the Commission of Immigration and Deportation guarantying that the family are law
abiding citizens and will voluntarily deport upon the expiration of their visa. His second wife was granted
to enter into the Philippines as a temporary visitor under Section 9 (a) of the Immigration Act of 1940.
Bernardo’s second family came to live with them in their house with Marina. In 1981, Marina
discovered the true relation of her husband to Djumantan. She filed a complaint for “concubinage”
however it was dismissed for lack of merit.
In March 1982, Djumantan’s immigration status from temporary visitor was changed to
permanent resident under Section 13 (a) of the Immigration Act of 1940. A month later, Djumantan was
issued a certificate of registration. Barnardo Banez’s eldest son, Leonardo, filed a letter of complaint to
the Ombudsman that was referred to the Commission of Immigration and Deportation. This later resulted
to Djumantan to be put in the Commissioner of Immigration of Deportation detention cell. But was
released later while her deportation proceedings was pending and then she asked to be given time to
purchase a plane ticket and allowed her to depart voluntarily. Later though, she had a change of mind and
moved for the dismissal of the deportation case on the ground that she was validly married to a Filipino
citizen. This is under Article 27 of Presidential Decree No. 1085 which recognizes the practice of
polyandry by Muslim males.
A decision was given on September 27, 1990 where the Board of Commissioners finds the
second marriage of Bernardo Banez as irregular and not in accordance with Philippine Laws therefore the
previously granted visa to Djumantan was revoked. Later on January 29, 1991, Djumantan filed a motion
for reconsideration but it was denied. Thus, the Djumantan filed a petition for certiorari to the Supreme
Court.
The court issued a temporary restraining order, ceasing and desisting the execution or
implementation of the Decision last September 27, 1990. Four years later, Leonardo revealed the death of
his father a month ago, August 1994. Leading to him and his mother to withdraw their objection to grant
Djumantan permanent residency.

ISSUE:
1) Is the marriage of Djumantan to Bernardo Banez a valid way of acquiring citizenship?
 2) Whether or not the residency of Djumantan was valid.

RULING:
1) No. Section One of Article Four of the 1987 Philippine Constitution defines who are valid
citizens of the Philippines and discussed how an alien may acquire Philippine citizenship.
Nothing there states a law which would guarantee the Philippine citizenship of an alien who
would marry a Filipino citizen. Thus, the validity of Bernardo’s second marriage will not be taken
into account to determine whether or not Djumantan’s permanent residency will be retained.
2) Djumantan’s permanent residency was granted. In accordance with Section 37 (b) of the
Immigration Act of 1940 states that the deportation of an alien can only be enforced if the arrest
in the deportation proceedings is made within five years after the cause for the deportation arises.
The false and misleading facts that Bernardo Banez gave upon the arrival of Djumantan and their
children in the Philippines happened January 1979. However, action was only taken September
1990. More than five years has lapse therefore, Djumantan’s residency was made permanent.