A.C. No. 9186 - Villonco vs. Roxas

Francisco Sim filed his application for naturalization and was granted citizenship by the then Court of First Instance of Pangasinan, Dagupan, on January 30, 1957.
His motion to take the oath of allegiance was approved on July 6, 1959, and he took his oath on July 16, 1959, after which the Certificate of Naturalization was issued.

On July 27, 1972, petitioner Francisco Sim filed an ex parte motion before the Court of First Instance of Pangasinan requesting to retake his oath of allegiance.
His motive was to conform to a recent Supreme Court decision and the corresponding circular of the Solicitor General, which required that successful petitioners in naturalization cases should take the oath no sooner than thirty (30) days after the order permitting the oath.
It was noted that his original oath on July 16, 1959, was taken less than thirty (30) days after his earlier granted motion.

The OSG opposed Sim’s petition in an omnibus motion dated August 22, 1972, raising issues regarding procedural deficiencies.
The opposition asserted that the petition was not accompanied by the proper copies of the July 6, 1959 motion to take the oath and its notice of hearing, as required under Republic Act No. 530, as amended.
Additionally, the OSG contended that it was not served with a copy of the order allowing Sim to take his oath of allegiance.

The petition was scheduled for a hearing on November 15, 1972, during which petitioner Francisco Sim, accompanied by counsel, testified before the court.
The City Fiscal appeared on behalf of the Government.
On November 27, 1972, the lower court ruled in favor of petitioner Sim, granting his motion to retake the oath, thereby effectively denying the OSG’s request to nullify all proceedings related to his naturalization.
On December 8, 1972, the OSG filed a motion for reconsideration, leading the lower court to modify its initial decision.
The modified order, dated February 19, 1973, declared as null and void the original motion dated July 16, 1959, the notice of hearing, the hearing itself, the order approving the oath, the oath taken, and the Certificate of Naturalization issued on July 16, 1959; however, it allowed the issuance of a new order enabling Sim to retake the oath, subject to a thirty (30) day delay upon receipt of the order by the OSG.

The records indicate that the OSG was duly served with a copy of the July 27, 1972 petition and subsequent notices, including the notice of hearing and postponements.
Evidence presented during the November 15, 1972 hearing evidenced that Sim satisfied the requirements of Republic Act No. 530, as amended, through his testimonies and supporting documents which attested to:

His naturalization approval on January 30, 1957.
His lawful conduct since taking the oath, including no criminal convictions, not having left the Philippines, and compliance with governmental duties like payment of municipal licenses and internal revenue obligations.
His adherence to all legal qualifications and the absence of disqualifying factors.

Whether the lower court erred in not declaring the proceedings held on November 15, 1972, and other related proceedings null and void on the ground that the proper service of notice to the Office of the Solicitor General was deficient.
Whether the OSG was given adequate notice to enable it to conduct its requisite inquiry and opposition to the petition.

Whether the lower court committed an error in allowing petitioner Francisco Sim to take his oath anew, given the established requirements and the apparent rush noted by the OSG.

Whether petitioner Francisco Sim was able to satisfactorily prove that he met all the statutory requirements, including the observation of the prescribed waiting period and presentation of supporting evidence.
Whether the burden of proof shifted to the OSG to contest Sim’s evidence regarding his compliance with the legal requisites for naturalization.