Case Digest (G.R. No. L-25608)
Facts:
Choa Tion Chong Alias Bon Ching v. Republic of the Philippines, G.R. No. L-25608, August 31, 1970, the Supreme Court En Banc, Makalintal, J., writing for the Court. Petitioner-appellee Choa Tion Chong alias Bon Ching (hereafter petitioner) sought naturalization in the Court of First Instance of Cavite (Case No. N-6); the trial court granted the petition. The Solicitor General, acting for the Republic of the Philippines as oppositor-appellant, appealed the CFI’s decision to the Supreme Court; the appeal was submitted without a reply brief from petitioner-appellee.Petitioner is a native of Chinkian, Amoy, China, born March 29, 1915, who arrived in Manila in 1926 aboard the SS Susana, initially stayed at T. Pinpin St., Manila, and thereafter established residence in Rosario, Cavite, where he finished primary school. He married a Filipina, Gloria Alcantara, on June 5, 1943 and had four children, three of whom were then attending local schools; one child was mentally retarded. Petitioner testified he managed Mabuhay Lumber in Rosario and alleged an average annual income in excess of P7,000. Two local witnesses attested to his good moral character.
On appeal the Solicitor General urged three grounds for reversal: (1) the petition failed to state all former places of residence (an NBI affidavit, Exhibit 12‑L, indicated prior residence in Hermosa, Bataan from 1956–1958); (2) petitioner used aliases without judicial authority—his published petition named him “Choa Tion Chong alias Bon Ching,” yet baptismal and marriage documents showed the names “Alfonso Dy Chua” and “Chua Tier Chong” (Exhibits LL‑1 and LL); and (3) petitioner did not prove the requisite lucrative income, since his 1961 income tax return reflected P6,000 and he testified to a P500 monthly salary....(Pro-only)
Issues:
- Does failure to state all former places of residence in the petition for naturalization deprive the court of jurisdiction to hear and decide the petition?
- Does the use of aliases or omission of the true (baptismal) name in the published petition, without judicial authorization, warrant denial of naturalization under Commonwealth Act No. 142 and related precedents?
- Did petitioner prove the requisite "lucrative"...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)