Facts:

• The petitioner-appellee, Tan Sen (also known as Cayetano Tan, Cayetano Tan Pao Ho, and Tan Pao Hu), sought naturalization as a Philippine citizen.
• The Republic of the Philippines, represented by the Solicitor General, appealed the decision of the Court of First Instance of Misamis Occidental, which had granted Tan's petition.
• Tan was born on February 5, 1919, in Lamua, Amoy, China, and arrived in the Philippines on August 1, 1931, aboard the vessel "Ang Kin."
• He had not left the country since his arrival and filed his petition on August 9, 1961.
• Tan was married to Sy Sen, also a Chinese citizen, and they had three children: Lilia, Betty, and Wayne.
• The family resided in Sinacaban, Misamis Occidental, where Tan engaged in copra trading, claiming an average annual net income exceeding P4,000.
• During the hearing, he demonstrated proficiency in English and the Visayan dialect.
• Two witnesses testified to his good moral character.
• The Solicitor General raised objections regarding notice and publication requirements, legitimacy of income, and Tan's use of aliases without judicial authority.

Issue:

• (Unlock)

Ruling:

• The Supreme Court reversed the lower court's decision, denying Tan Sen's petition for naturalization.
• The Court found that the notice and publication requirements were not met.
• The reported income of the petitioner was deemed questionabl...(Unlock)

Ratio:

• The Supreme Court emphasized the legal requirement for publication of a naturalization petition in a newspaper of general circulation within the applicant's province.
• The evidence, particularly the affidavit from the publisher of "Nueva Era," was insufficient to prove the newspaper's circulation in Misamis Occidental.
• The Court noted that positive evidence is necessary to establish compliance with ...continue reading