Case Digest (G.R. No. L-1550)
Facts:
In the Matter of the Petition of Frederick Edward Gilbert Zuellig to be Admitted a Citizen of the Philippines, G.R. No. L-1550, May 30, 1949, the Supreme Court En Banc, Montemayor, J., writing for the Court. Petitioner-appellee was Frederick Edward Gilbert Zuellig, a Swiss national who sought naturalization under Commonwealth Act No. 473, as amended by Commonwealth Act No. 535; the oppositor-appellant was the Republic of the Philippines.Zuellig filed a petition for naturalization in the Court of First Instance of Rizal (municipality of Pasay) on September 11, 1946. The trial court found, based on the applicant’s testimony and documentary evidence, that Zuellig was born on December 25, 1918 at St. Luke’s Hospital, Manila; he left the Philippines in 1919 and returned in September 1938 aboard the SS Victoria; he made a short business trip to Singapore in 1939 and reentered on January 1, 1940 on the Conte Verde; he had continuously resided in the Philippines for the six years immediately preceding his petition, principally at No. 3 Meadowbrooklane, Pasay; he could read and write English and the Tagalog dialect; he was single, employed by and a director of F. E. Zuellig, Inc., earned about P800 monthly, and owned half of a Pasay property valued at about P80,000.
The trial court also found that Zuellig’s residence in Pasay was interrupted in 1944 when the Japanese ejected him from his house, forcing temporary relocation to Ermita and later to Baguio until liberation; upon returning he lived temporarily at No. 1331 Pennsylvania Street, Malate, Manila while intending to rehabilitate and resume residence at his Pasay home. The Court of First Instance dismissed the Government’s opposition and ordered issuance of the certificate of naturalization after the statutory delay, subject to the conditions in Article 12 of the Naturalization Law. The Republic appealed to the Supreme Court, con...(Subscriber-Only)
Issues:
- Did the Court of First Instance of Rizal have jurisdiction to entertain Zuellig’s petition because he had not resided in the municipality of Pasay for at least one year preceding the filing of his petition?
- Did Zuellig possess the requisite ability to speak and write a principal Philippine dialect for pur...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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