Case Digest (G.R. No. 46265)
Facts:
Rafael Jalandoni Gurbuxani v. Government of the Philippines, G.R. No. 46265, December 14, 1939, Supreme Court En Banc, Imperial, J., writing for the Court.On February 5, 1923, Rafael Jalandoni Gurbuxani filed in the Court of First Instance of Misamis an application for naturalization under Act No. 2927, alleging he was born in Hyderabad, Sind, India (Jan. 10, 1899), had emigrated to the Philippines in 1916, was married and had a child, and that he possessed the qualifications and was not disqualified under Act No. 2927; he also averred he had renounced English citizenship and was willing to take the oath of allegiance. The Government, represented by the Provincial Fiscal, opposed the petition on the ground that, being a native of India (Asia), the applicant was not entitled to naturalization.
After trial the Court of First Instance rendered judgment on November 22, 1923, decreeing the applicant's naturalization; the decision became final and on October 21, 1924 the applicant took the oath and the clerk issued a naturalization certificate. On July 8, 1933 the Solicitor-General, on behalf of the Government, moved in the same case to set aside the decree and cancel the naturalization certificate. At the hearing of that motion no new evidence was introduced; the applicant objected, arguing (a) annulment should be by a separate civil action, (b) his political status was res judicata, and (c) the Constitution made him a citizen.
The trial court, by order of December 15, 1937, held the decree of November 22, 1923 null and without effect and ordered the return of the naturalization certificate. The applicant appealed to the Supreme Court. The principal factual dispute raised at the motion stage concerned whether the applicant’s birthplace—Hyderabad, Sind—rendered...(Subscriber-Only)
Issues:
- Is the Solicitor-General authorized to seek cancellation of a naturalization certificate in the same case by motion under Section 14 of Act No. 2927, or must annulment be sought by a separate action?
- May a naturalization certificate be cancelled under Section 14 of Act No. 2927 where the certificate was allegedly obtained fraudulently because the applicant was ineligible by reason of birthplace (Hyderabad) falling within the Asiatic exclusion of the Act of Congress of February 5, 1917?
- Does Article IV(1) of the 1935 Constitution (that those who were citizens at the time of adoption are citizens) or Commonwealth Act No. 63 bar cance...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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