G.R. No. L-3265 - Hao Lian Chu vs. Republic

Hao Lian Chu (alias Hao Pusoy), a long-time Chinese resident in the Philippines (over forty years), filed a petition for naturalization.
The petition was approved by the court of first instance of Marinduque despite opposition from the provincial fiscal.

The first ground: The petitioner did not submit a certificate from the Chinese Ministry of Interior permitting him to renounce his Chinese nationality.
The second ground: The petitioner failed to enroll all his minor children in Philippine schools as required by law.

The petitioner has nine children.
Of these, eight minor children were enrolled in public or recognized private schools where Philippine history, government, and civics are taught.
One minor, Magdalena, had not been enrolled in any Philippine school since she had resided in China from infancy and was instead enrolled in an English school in Amoy.

Paragraph 6, section 2 of the Revised Naturalization Law mandates that an applicant for naturalization must have enrolled all minor children of school age in either public schools or private schools recognized by the Philippine education authorities, where Philippine history, government, and civics are taught.
This requirement underscores the need for all minor children, who will also become Philippine citizens upon the parent's naturalization, to be properly educated on civic matters.

Despite the non-enrollment of Magdalena in a Philippine school, the trial judge considered that the requirement had been "substantially fulfilled" because Magdalena was abroad and not under the petitioner’s direct parental care in the Philippines.
The trial judge effectively excused the petitioner from the strict enrollment requirement based on the circumstances surrounding Magdalena’s situation.

Whether the failure to submit a certificate from the Chinese government for renunciation of Chinese nationality affects the petitioner’s eligibility for naturalization.
Whether the non-enrollment of the minor child Magdalena in a Philippine school contravenes the statutory requirement for naturalization.

Whether the trial judge’s finding that the educational requirement was substantially fulfilled can override the clear statutory mandate requiring enrollment of all minor children.
Whether the circumstances of Magdalena’s residence in China constitute an acceptable physical impossibility to comply with the statutory requirement.

Whether the statutory obligation to enroll minor children is non-derogable and must be strictly complied with by all applicants for naturalization.
Whether an exception may be granted if physical impossibility is not sufficiently proven.