Case Digest (G.R. No. L-10704)
Facts:
The case revolves around Simeon Tan Lim, the petitioner and appellee, who sought to acquire Philippine citizenship. The Government of the Philippines, acting as the oppositor and appellant, appealed the decision of the Court of First Instance of Davao, which had granted the petition for naturalization on May 23, 1958. Simeon Tan Lim filed his declaration of intention to become a Filipino citizen on January 22, 1954, exactly one year prior to the formal application he filed on January 25, 1955. This application was published in the Official Gazette, complying with the regulations of the Naturalization Law.During the hearings, Lim presented witnesses, notably Dr. Juan Belisario and Dr. Jose Ebro, both respected members of Davao City. They testified to his good moral character and community standing, having known him since childhood. Lim, single, was born in Davao City on June 9, 1926, to Chinese parents and had always resided in the Philippines, except for a two-year period from
Case Digest (G.R. No. L-10704)
Facts:
- Petitioner's Background:
- Simeon Tan Lim, a single man, was born on June 9, 1926, in Davao City, Philippines, to Chinese parents.
- He resided in Davao City for most of his life, except for two years (1946-1948) when he accompanied his brother to Shanghai, after which he returned to the Philippines and stayed continuously.
- Education and Occupation:
- He studied at Davao Chinese School for his early education and later graduated with a Bachelor of Science in Chemistry from Adamson School.
- He is fluent in English and has a working knowledge of Visayan and Tagalog dialects.
- He is the manager of Kwong Hoc Plantation Co., Inc., earning a monthly salary of P200.00, and was a stockholder of Davao Hardware Company.
- Naturalization Application:
- Simeon Tan Lim filed his declaration of intention to become a Filipino citizen on January 22, 1954, and his petition for naturalization on January 25, 1955.
- The petition was published in the Official Gazette and a newspaper as required by law.
- Witnesses and Evidence:
- He presented two witnesses, Dr. Juan Belisario and Dr. Jose Ebro, both prominent residents of Davao City, who testified to his good moral character and standing in the community.
- He submitted evidence of his compliance with legal obligations, including a clearance showing no criminal record.
- Opposition by the Fiscal:
- The Provincial Fiscal opposed the petition, arguing that the witnesses were not competent to testify about the petitioner's character and that the petitioner failed to prove his belief in the principles underlying the Philippine Constitution.
Issues:
- Whether the two character witnesses presented by Simeon Tan Lim were qualified to testify about his good moral character and conduct.
- Whether the petitioner sufficiently proved his qualifications for naturalization, including his belief in the principles underlying the Philippine Constitution.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)