Case Digest (G.R. No. L-9107)
Facts:
Esteban Lui (Kiong) v. Republic of the Philippines, G.R. No. L-9107, October 31, 1956, the Supreme Court En Banc, Felix, J., writing for the Court.Petitioner Esteban Lui (Kiong) filed an application for naturalization on May 23, 1951, supported by a joint affidavit of two vouching witnesses, Facundo Buot and Enemesio Dabon. The petition and the required notices were published; after several postponements the case was heard on February 2, 1955 before the Court of First Instance of Cebu (Judge M. M. Mejia). The Government, represented by the Fiscal (Solicitor General on appeal), opposed the application.
At the hearing the trial court received documentary evidence and testimony establishing petitioner’s birth (August 3, 1930), baptism, long residence in the Philippines, education, employment and investments, knowledge of English and Cebuano, lack of criminal convictions and good health. One original vouching witness, Dabon, had died on October 25, 1951; petitioner presented Dabon’s widow, Asuncion Perez Vda. de Dabon, who executed an affidavit on March 10, 1952 (filed April 4, 1952), to testify in Dabon’s stead. The Fiscal objected that substitution of a subscribing vouching witness was not permitted and ultimately submitted the case without adducing evidence from the National Bureau of Investigation, though a formal opposition dated February 14, 1955 was filed.
The Court of First Instance, after finding that petitioner satisfied the qualifications in Commonwealth Act No. 473 as amended by Commonwealth Act No. 535 (Sections 2 and 4), and distinguishing Roberto Cu v. Republic of the Philippines (G.R. No. L-3018, July 18, 1951), admitted petitioner to Philippine citizenship and ordered that upon finality he be permitted to take the oath preparatory to issuance of a certificate of naturalization (judgment dated ...(Subscriber-Only)
Issues:
- Was the substitution at the hearing of one of the subscribing vouching witnesses (the deceased Enemesio Dabon by his widow Asuncion Perez) for petitioner’s naturalization application valid?
- Did petitioner establish the statutory qualifications for naturalization under Commonwealth Act No. 473, as amended, so as to justify his admissi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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