Title
Bermont vs. Republic
Case
G.R. No. L-3323
Decision Date
Jul 18, 1951
Born in Siberia, fled to Japan, settled in Philippines, stateless Russian, WWII guerrilla, met naturalization criteria, granted Philippine citizenship by Supreme Court.
A

Case Digest (G.R. No. L-3323)

Facts:

  • Identity and procedural posture
    • Jack J. Bermont, Petitioner and Appellee, filed a petition for Philippine citizenship.
    • Republic of the Philippines, Oppositor and Appellant, appealed the decision of the Court of First Instance of Manila granting the petition.
  • Birth, origin and early migrations
    • Petitioner was born in Nikolavesk, Amur, Siberia, on March 1, 1912.
    • Petitioner’s parents were White Russians who fled Russia during the Russian revolution when petitioner was about six years old.
    • The family settled in Japan and resided there for more than ten years.
    • In 1930 petitioner’s family moved to Shanghai, where petitioner studied at St. Joseph’s College of the Christian Brothers and at the Shanghai American School.
  • Family circumstances and migrations thereafter
    • Petitioner’s father died in Shanghai in July, 1948; petitioner’s mother remained living and was located in Japan.
    • Petitioner came to the Philippines in January, 1935 intending to proceed to Australia but obtained permission to remain and thereafter resided continuously in the Philippines.
  • Allegiance, citizenship status and official records
    • Petitioner never took an oath of allegiance to the Soviet Government and disclaimed allegiance to that Government.
    • Petitioner considered himself stateless; his alien certificate of registration described him as a stateless Russian.
  • Personal, social and economic integration in the Philippines
    • Petitioner mingled with Filipinos, married a Filipina, and had a child (counsel later stated two children).
    • Petitioner worked for Bobcock & Co., Heacock & Co., and in the lumber concession of Jose Cauwenbergh.
    • At the time of the hearing petitioner was a stockholder and director of the United States-Philippine Reconstruction Corporation with an emolument of P1,600 a month.
    • Petitioner spoke and wrote English and possessed working knowledge of Tagalog, Spanish, and Cuyonon.
  • Moral character, political beliefs and wartime service
    • Petitioner professed belief in the principles underlying the Philippine constitution and opposition to communistic government.
    • Attorneys Jesus T. Paredes and Arsenio S. Lacson certified petitioner’s good repute and moral irreproachability.
    • Petitioner was not opposed to organized government and was not affiliated with any subversive organization.
    • During World War II petitioner was an active member of the guerrilla forces in Palawan under Major Pablo Muyco and was later attached to the Allied Intelligence Bureau (U.S.A. Task Force, Team No. 017) in Palawan....(Subscriber-Only)

Issues:

  • Central legal questions presented on appeal
    • Whether the lower court erred in finding Jack J. Bermont to be a stateless person rather than a Russian citizen.
    • Whether petitioner’s failure to prove under Russian law that Filipinos may acquire Russian citizenship defeats his claim to naturalization.
    • Whether the evidence establishes petitioner’s fitness for Philippine citizenship.
  • Precedential and evidentiary sub-questions
    • Whether uncontr...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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