Facts:

• The case involves Kaw Seng (petitioner-appellee) and the Republic of the Philippines (respondent-appellant).
• The Supreme Court rendered its decision on January 28, 1971.
• Kaw Seng filed a petition for naturalization in the Court of First Instance of Iloilo.
• He claimed continuous residence in the Philippines for over thirty years, since 1916, believing he was exempt from filing a declaration of intention under Section 5 of Commonwealth Act No. 473.
• Section 6 of the same Act allows naturalization without a declaration for individuals born in the Philippines who have received primary and secondary education in recognized schools and have resided continuously for thirty years or more.
• Kaw Seng had multiple absences from the Philippines: eight to nine months in 1921, ten months in 1927, eight months in 1932, and four months in 1946.
• His children were enrolled in the Iloilo Chinese Commercial High School, raising concerns about his commitment to the Filipino community.
• The Solicitor General appealed the lower court's decision, arguing that Kaw Seng did not meet the continuous residence requirement.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled in favor of the Republic of the Philippines, reversing the lower court's decision that granted Kaw Seng's petition for naturalization.
• Kaw Seng's application for naturalization ...(Unlock)

Ratio:

• The Court's decision was based on the interpretation of the continuous residence requirement in Commonwealth Act No. 473.
• For exemption from filing a declaration of intention, residence in the Philippines must be uninterrupted.
• Kaw Seng's significant absences indicated he did not fulfill the continu...continue reading