Case Digest (G.R. No. L-21952)
Facts:
- Petitioner Lim Chiao Cun filed a petition for admission as a citizen of the Philippines in 1953.
- Two years later, he was granted Philippine citizenship by the lower court.
- However, two years after being granted citizenship, Lim Chiao Cun filed a petition to take his oath as a citizen.
- The government opposed the petition and moved to set aside the decision granting naturalization on several grounds.
- These grounds include the petitioner not being a legal resident of the Philippines for at least 10 years prior to the filing of the petition, not showing a sincere desire to embrace Filipino customs and traditions, and applying for citizenship only to secure permanent admission for his wife and children.
Issue:
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Ruling:
- The Supreme Court ruled in favor of the Republic of the Philippines, reversing the lower court's decision to allow the petitioner to take his oath as a citizen.
- The court held that the government's grounds of opposition were proper during the petition for oath-taking.
- The court also found th...(Unlock)
Ratio:
- The court explained that a petition for naturalization is of a special nature involving public interest. Therefore, the entire record of the case is open for scrutiny, even if objections were not submitted in the lower court.
- The State is not precluded from objecting to the petitioner's qualifications during the hearing of the petition to take oath.
- Regarding the residency requirements, the court found that the petitioner left the Philippines for Hongkong to get married before filing his application for naturalization.
- He also made several trips to Hongkong after his marriage, which took place within the ten-year period required for residency in the Philippines.
- The court emphasized that the law requires an applicant for naturalization to not leave the country during the required period of residence.
- Furthermore, the court considered the petitioner's conduct of keeping his wife and children in a neighboring country and merely visiting the...continue reading
Case Digest (G.R. No. L-21952)
Facts:
The case of In re: Lim Chiao Cun v. Republic involves a petitioner named Lim Chiao Cun who requested to take his oath as a citizen of the Philippines. Two years prior, Lim Chiao Cun had been granted Philippine citizenship by the lower court, subject to the provisions of Republic Act No. 530. However, when he filed a petition to take his oath, the government opposed it and moved to set aside the decision granting naturalization. The government argued that Lim Chiao Cun was not a legal resident of the Philippines for at least 10 years prior to the filing of the petition, as he had left the country to get married in Hongkong and had made several trips there afterwards. The government also claimed that he did not show a sincere desire to embrace Filipino customs and traditions, as he kept his family in Hongkong under the care of his mother-in-law. Additionally, the government alleged that his motive in applying for Philippine citizenship was only to secure a permanent admission for his wife and children into the country. The lower court, however, granted the petition for oath-taking, stating that the grounds of the opposition should only be considered in the main petition for naturalization.
Issue:
The main issue raised in the case is whether Lim Chiao Cun should be allowed to take his oath as a citizen of the Philippines despite the government's opposition based on his residency and his all...