Title
Ong Tion San vs. Republic
Case
G.R. No. L-35382
Decision Date
May 30, 1974
A Chinese citizen's petition for naturalization in the Philippines is dismissed due to failure to meet the mandatory requirements, including filing a declaration of intention and proving moral character and conduct through competent witnesses.
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Case Digest (G.R. No. L-35382)

Facts:

  • Ong Tion San filed a petition for naturalization in the Philippines.
  • Ong Tion San was born on November 4, 1940, in Zamboanga City, Philippines, to Chinese parents.
  • He is a citizen of the Republic of China and has resided continuously in the Philippines.
  • Ong Tion San studied at the Zamboanga Chinese High School in Zamboanga City and the Chiang Kai Shek High School in Manila.
  • He worked as a purchasing agent for the Guan Seng Trading Company in Manila.
  • Ong Tion San's petition for naturalization was supported by character witnesses.
  • The government opposed the petition on the grounds that Ong Tion San did not file a declaration of intention and did not mingle with Filipinos as required by law.

Issue:

  • (Unlock)

Ruling:

The court ruled in favor of the Republic of the Philippines and dismissed Ong Tion San&...(Unlock)

Ratio:

  1. Ong Tion San is not exempt from filing a declaration of intention because he did not complete his primary and secondary education in government-recognized schools.

    • The Zamboanga Chinese High School, where he studied, was only recognized by the government in 1958, after he had finished his education there.
    • The Chiang Kai Shek High School in Manila, where Ong Tion San claimed to have studied, was not proven to be recognized by the government and not limited to any race or nationality.
    • Therefore, Ong Tion San could not be exempted from filing a declaration of intention.
  2. Ong Tion San's character witnesses were not competent to vouch for his moral character and conduct.

    • The character witnesses were residents of Zamboanga City and did not have the opportunity to observe Ong Tion San's conduct and activities during his s...continue reading

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