G.R. No. L-21035 - IN RE: Tan Tek Chian vs. Republic

The petitioner-appellant, Tan Tek Chian (also known as Jose Tan), filed a petition for naturalization.
His petition was initially granted on June 9, 1955, resulting in the issuance of a decision and a certificate of naturalization (later referred to as a certificate of citizenship).
The case was brought before the Supreme Court, specifically by the Second Division under G.R. No. L-21035, with the decision rendered on January 22, 1981.

A central statutory requirement in naturalization proceedings is the publication of a notice in three consecutive issues of the Official Gazette.
This requirement is considered defect jurisdictional in character; noncompliance deprives the Court of jurisdiction over the naturalization proceedings.
The doctrine was elaborated in prior cases, notably in Ong Son Cui v. Republic, which held that failure to adhere strictly to the publication requirement would render the naturalization certificate invalid.

In response to the continuing problem regarding the publication requirement, the Court in Gan Tsitung v. Republic revisited the issue on a motion for reconsideration.

Chief Justice Concepcion, in Gan Tsitung, stressed the importance of the certificate of naturalization’s issuance date as determining whether the doctrine applies.
The Court clarified that the Ong Son Cui doctrine affects certificates issued after May 29, 1957, not those issued on or before that date.

Additional reference was made to the decision in Chan Tek Lao v. Republic, which reaffirmed the Gan Tsitung ruling and cemented the doctrine as settled law in subsequent naturalization cases.

Although the decision granting naturalization by the order of June 9, 1955 had been initially approved, there was an additional critical step in the process: the issuance of the actual certificate of naturalization.
It was undisputed that petitioner Tan Tek Chian took his oath on July 20, 1957, which is notably after the crucial cut-off date of May 29, 1957, thereby triggering the strict application of the publication requirement.
Given that the certificate of naturalization was issued after May 29, 1957, the application of the Ong Son Cui doctrine rendered the naturalization defective if the statutory publication requirement had not been strictly complied with.
The lower court, as evidenced in the appealed order by then Judge (now retired Associate Justice Guillermo S. Santos), declared the naturalization decision null and void and cancelled the petitioner’s certificate of citizenship.

Whether the failure to strictly comply with the statutory publication requirement in the Official Gazette renders the naturalization proceedings jurisdictionally defective.

The requirement mandates publication in three consecutive issues of the Official Gazette as an indispensable step in the naturalization process.
The legal question centers on the consequence of any deviation from this statutory mandate.

Whether the issuance date of the certificate of naturalization determines the applicability of the Ong Son Cui doctrine.

Specifically, whether certificates issued after May 29, 1957, must strictly comply with the publication requirement as opposed to those issued on or before that date.
The issue also considers if a naturalization decision, although rendered prior to the doctrine’s adoption, can be affected if the certificate issuance occurs after the critical date.

Whether the affirmation of the lower court’s order canceling the petitioner’s naturalization and certificate is in line with the established jurisprudence and statutory requirements.