Case Digest (G.R. No. 168877)
Facts:
Republic of the Philippines v. Michael A. Hong, G.R. No. 168877, March 24, 2006, the Supreme Court First Division, Ynares‑Santiago, J., writing for the Court.The petitioner is the Republic of the Philippines represented by the Office of the Solicitor General; the respondent is Michael A. Hong, who filed a petition for naturalization. On August 20, 1999, respondent filed a petition for naturalization under Commonwealth Act No. 473 (CA 473), alleging birth in the Philippines (April 23, 1976), continuous residence since birth, qualifications under Section 2 of CA 473, and attaching the joint affidavit of three attesting witnesses. The Regional Trial Court (RTC) of Manila, Branch 49, issued an August 30, 1999 order directing publication in the Official Gazette and a Manila newspaper, posting of copies, and setting a hearing; the order, however, did not list the names of the witnesses the petitioner proposed to introduce.
The notices and petition were published (Public View on October 11, 18 and 25, 1999; Official Gazette on December 6, 13 and 20, 1999) and posted as required. The RTC set hearings and, on July 26, 2000, allowed respondent to present character witnesses after finding jurisdictional requirements satisfied. At trial two witnesses testified: Patrocinio M. Ayson and Eduardo Y. Aguilar. The Solicitor General later moved for reconsideration (filed August 23, 2000), arguing that the RTC never acquired jurisdiction because the notice/order failed to state the names of the proposed witnesses as required by Section 9 of CA 473.
On June 19, 2001, the RTC granted respondent’s petition, concluding that publication of the petition and order vested jurisdiction and that omission of the names of witnesses did not affect jurisdiction; the decision ordered respondent admitted to citizenship subject to the two‑year proviso of Republic Act No. 530 (RA 530). The Court of Appeals affirmed the RTC in its July 6, 2005 decision. The Republic then filed a petition for review on certiorari under Rule 45 to the Supreme Court.
In its petition the Republic challenged primarily the sufficiency of the notice (the omission of witness names) and, alternatively, the sufficiency and credibility of the witnesses and respondent’s proof of compliance with CA 473. The Supreme Court’s r...(Subscriber-Only)
Issues:
- Did the RTC acquire jurisdiction to entertain respondent’s petition for naturalization despite the notice/order failing to state the names of the witnesses proposed by the petitioner, in violation of Section 9 of CA 473?
- If jurisdiction was properly acquired, did respondent prove full and complete compliance with CA 473, including presentation of credible attesting witnesses and proof...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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