Case Digest (G.R. No. L-32287)
Facts:
In the Matter of the Petition of Juanito Sy to Be Admitted a Citizen of the Philippines, G.R. No. L-32287, February 28, 1974, First Division, Makasiar, J., writing for the Court.
Petitioner Juanito Sy filed a petition for naturalization in the Manila Court of First Instance on February 17, 1961. The petition contained a general averment that he had the qualifications and lacked the disqualifications for naturalization but did not expressly allege that he was “of good moral character” as required by Section 7 of Commonwealth Act No. 473, as amended. The notice of petition published in the Daily Mirror and posted on the court bulletin board summarized some averments rather than reproducing the petition verbatim.
After hearing, the trial court rendered judgment on December 11, 1961, granting the petition “subject to the provisions of Republic Act No. 530.” A copy of that decision reached the Office of the Solicitor General on December 22, 1961; no appeal followed at that time. Several years later, on May 20, 1965, the Solicitor General moved to dismiss for failure to prosecute and lack of interest, invoking Rule 17, Section 3 of the Revised Rules of Court because petitioner had not filed a motion to present evidence under Section 1 of R.A. No. 530.
Petitioner opposed the motion to dismiss and insisted he had been delayed by attending to a criminal case; the trial court denied the motion to dismiss on May 22, 1965, and set reception of petitioner’s evidence for June 19, 1965. The Government then filed an opposition to petitioner’s oath-taking on July 16, 1965 (and a motion to dismiss), alleging among other things that petitioner’s annual income at filing (P3,000) was not lucrative, that he failed to file a 1957 statement of assets under Republic Act No. 2070, and that he had not reported changes of address to the Bureau of Immigration. On September 7, 1965 the Government supplemented its opposition, citing petitioner’s elementary education at a Chinese school as evidence of insufficient desire to assimilate. Petitioner replied, stressing his later Filipino high‑school education and prior declaration of intent.
On October 23, 1965, the trial court found petitioner had complied with R.A. No. 530—noting, among other things, a reported 1964 net income of P5,400—and allowed him to take the oath of allegiance; the Solicitor General received a copy on December 28, 1965 and the Government appealed the October 23 order on December 29...(Subscriber-Only)
Issues:
- Whether the publication and posting of the petition (not verbatim but summarized) complied with Section 9 of Commonwealth Act No. 473 and thus conferred jurisdiction.
- Whether petitioner’s annual income at the time of filing the petition was “lucrative” for purposes of naturalization.
- Whether the petition’s failure to aver that the applicant was “of good moral character” as required by Section 7 of Commonwealth Act No. 473 is fatal to jurisdiction.
- Whether the late submission (only by October 23, 1965) of an authenticated renunciation of C...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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