Case Digest (G.R. No. L-3470)
Facts:
Francisco Chan Su Hok v. Republic of the Philippines, G.R. No. L-3470, November 27, 1951, the Supreme Court En Banc, Bengzon, J., writing for the Court. The petition below was for naturalization; the Solicitor-General, as oppositor and appellant, contested its grant.The petition for naturalization was filed in the Manila Court of First Instance, where the petition was granted. The Solicitor-General opposed the petition in that court and, after the trial court's favorable disposition for the applicant, timely appealed to the Supreme Court.
On appeal the Solicitor-General advanced four grounds: (1) non-compliance with statutory publication requirements; (2) failure to file a sworn declaration of intent to become a citizen in the Solicitor-General’s office; (3) failure to enroll all minor children of school age in Philippine schools that teach Philippine History, Government and Civics; and (4) lack of ability of the applicant to speak and write Spanish, English, or any principal local dialect. The Supreme Court found the third ground dispositive and therefore did not discuss the remaining grounds.
The evidence showed that the applicant had five legitimate children: Corazon (13), Johnson (11), Helen (5), Watson and Lilian (younger than school age). Corazon was in China and it did not appear from the record that she had ever been enrolled in a local recognized school in the Philippines where Philippine History, Government and Civics are taught. Johnson was enrolled in the Anglo Chinese School in Manila, which was recognized by the Government; the other children were not yet of school age. The Solicitor-General argued that Corazon had previously studied in the Philippines before going to China, but the Court found that proof of prior study did not establish enrollment in one of the statutorily specified Philippine schools that teach the required subjects.
...(Pro-only)Issues:
- Did the petitioner comply with the publication requirements for a petition for naturalization?
- Did the petitioner file the sworn declaration of intention to become a citizen in the office of the Solicitor-General as required?
- Did the petitioner enroll all his minor children of school age in a Philippine school recognized to teach Philippine History, Government and Civics as required by Section 2 of the Revised Naturalization Law (sixth paragraph)?
- Did the petitioner satisfy the language requirement of being able to speak and writ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)