Case Digest (G.R. No. 202809)
Facts:
In Dennis L. Go v. Republic of the Philippines, G.R. No. 202809, decided on July 2, 2014, petitioner Dennis L. Go, born May 7, 1982 in Manila to Chinese parents, filed on October 13, 2004 a petition for judicial naturalization under Commonwealth Act No. 473 before the Regional Trial Court (RTC), Branch 45 Manila (Naturalization Case No. 03-107591). He averred compliance with age, residence, language proficiency, good moral character, and continuous residency requirements, and sought exemption from filing a Declaration of Intention. After statutory publication and posting of notices, hearings commenced on August 17, 2004. Petitioner presented documentary proof, psychiatrical and medical examinations by Dr. Joseph Anlacan and Dr. Edward C. Tordesillas, and five character witnesses: Silvino Ong, Teresita Go, Juan Go, among others. The Office of the Solicitor General (OSG) initially offered no opposition, then moved to reopen the trial with an NBI report (November 23, 2006) allegedlCase Digest (G.R. No. 202809)
Facts:
- Petition for Naturalization and Initial Proceedings
- On October 13, 2004, Dennis L. Go filed with the RTC (Branch 45, Manila) a petition for naturalization under Commonwealth Act No. 473, docketed as Naturalization Case No. 03-107591, alleging: birth on May 7, 1982 in Manila to Chinese-national parents; legal age; single; Philippine resident since birth; fluency in English and Tagalog; Philippine education; belief in Philippine Constitution; good moral character; no criminal record; continuous residence; intent to renounce foreign allegiance; exemption from declaration of intention under Section 5.
- Pursuant to Section 9 of C.A. 473, the clerk of court published notice once a week for three consecutive weeks in the Official Gazette and a newspaper of general circulation, posted copies in the courthouse, and set the initial hearing on August 17, 2004.
- Trial Proceedings and Regional Trial Court Decision
- At trial, petitioner testified and presented five witnesses:
- Dr. Joseph Anlacan (psychiatric examiner) – no abnormality;
- Dr. Edward C. Tordesillas (medical examiner) – normal medical results;
- Silvino J. Ong – family friend, knew petitioner since childhood;
- Teresita M. Go – relative, attested to peace-loving character;
- Juan C. Go – businessman, executed affidavit of support.
- The OSG initially raised no objection, requested submission for decision, then moved to re-open trial to admit an NBI report alleging non-compliance. The RTC admitted both parties’ evidence but denied reopening. On November 18, 2008, it granted the petition, finding petitioner met all qualifications and none of the disqualifications under Section 4 of C.A. 473. The dispositive order directed petitioner to take the oath before issuance of a Certificate of Naturalization.
- Appellate Proceedings and Supreme Court Review
- The OSG’s motion for reconsideration and second reopening (to admit a BOI investigation report questioning family citizenship, uncooperativeness, and tax matters) was denied by the RTC on May 18, 2009. OSG appealed to the Court of Appeals.
- On January 18, 2012, the CA reversed and set aside the RTC decision, dismissing without prejudice the petition for naturalization on the ground that petitioner failed to prove the credibility of his character witnesses. Petitioner sought review via Rule 45.
Issues:
- Did petitioner comply with the jurisdictional requirements under Section 9 of C.A. 473, including correct allegation of present and former residences?
- Did petitioner establish all qualifications and absence of disqualifications for naturalization, particularly through credible character witnesses?
- Is omission of former places of residence in the petition a fatal, jurisdiction-stripping defect?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)