G.R. No. L-3323 - Bermont vs. Republic

Case Summary (G.R. No. L-3323)

Factual Background

The petitioner testified and the lower court found that he was born in Nikolavesk, Amur, Siberia, on March 1, 1912, and that during the Russian revolution his parents, both White Russians, fled Russia when he was about six years old and settled in Japan for more than ten years. The family moved in 1930 to Shanghai where the petitioner studied at St. Joseph's College of the Christian Brothers and at the Shanghai American School. He came to the Philippines in January, 1935, intending to proceed to Australia but obtained permission to remain and thereafter continuously resided in the Philippines.

Personal and Family Circumstances

The trial court found that the petitioner’s father died in Shanghai in July, 1948, and that the petitioner’s mother remained in Japan. The petitioner married a Filipina and had a child by her at the time of trial, with counsel’s brief indicating a second child thereafter. The petitioner lived and worked among Filipinos and identified himself with the community.

Employment, Language Skills, and Economic Standing

The evidence showed that the petitioner worked for Bobcock & Co., Heacock & Co., and in the lumber concession of Jose Cauwenbergh. At the time of the hearing he was a stockholder and director of the United States-Philippine Reconstruction Corporation and received an emolument of P1,600 a month. He spoke and wrote English and possessed a working knowledge of Tagalog, Spanish, and Cuyonon.

Allegiance, Character, and Wartime Service

The petitioner stated that he never took an oath of allegiance to the Soviet Government and considered himself stateless. He declared belief in the principles underlying constitutional government and opposition to communistic rule. Character evidence, including certificates by Attorneys Jesus T. Paredes and Arsenio S. Lacson and certification by General Macario Peralta, established that he was of good repute, morally irreproachable, not affiliated with subversive organizations, and served actively in the guerrilla forces in Palawan under Major Pablo Muyco; he was later attached to the Allied Intelligence Bureau (U. S. A. Task Force, Team No. 017) and was entitled to two medals of honor and two unit citations. The petitioner had no criminal convictions and suffered from no contagious disease. Under oath he stated that, if naturalized, he would uphold and defend the Constitution and laws and take up arms in their defense.

Trial Court Proceedings and Outcome

The Court of First Instance of Manila granted the petition for Philippine citizenship after making the foregoing findings of fact and concluding that the petitioner did not possess disqualifying defects that would render him unfit for citizenship. The lower court characterized the petitioner as a stateless refugee entitled to naturalization.

Opponent’s Contentions on Appeal

The Solicitor General, as Oppositor and Appellant, argued that the lower court erred in finding the petitioner to be stateless and in not finding that the petitioner failed to show that, under Russian law, he had lost Russian citizenship. The Solicitor General further contended that the petitioner had not established that Russia permits Filipinos to acquire Russian citizenship, thereby casting doubt on the petitioner’s claimed statelessness.

Supreme Court’s Analysis and Precedent

The Court considered the Solicitor General’s contention in light of prior precedent, particularly Kremes Kookooritchken vs. Republic of the Philippines (81 Phil., 435), a case involving a White Russian refugee who arrived in 1923 and claimed statelessness. In Kookooritchken the Court declined to require documentary proof beyond uncontradicted testimony that an appellee owing no allegiance to the Soviet Government and who had fled that regime was stateless. The Court in the present case found the petitioner’s testimony that he owed no allegiance to the Russian Communist government to be uncontradicted and supported by the well-known historical facts concerning refugees displaced by revolutionary dictatorships. The Court noted that the petitioner’s alien certificate of registration described him as a stateless Russian and that his demonstrated abandonment of his country of birth, long resid

Case Syllabus (G.R. No. L-3323)

Parties and Procedural Posture

Jack J. Bermont was the petitioner and appellee seeking Philippine citizenship by naturalization.
Republic of the Philippines was the oppositor and appellant contesting the grant of citizenship.
The Court of First Instance of Manila granted the petition for naturalization.
The Solicitor General appealed the decision to the reviewing court.

Key Factual Allegations

Petitioner was born in Nikolavesk, Amur, Siberia, on March 1, 1912.
Petitioner’s White Russian parents fled Russia during the revolution when he was six years old and settled in Japan for more than ten years.
Petitioner moved with his family to Shanghai in 1930 and studied at St. Joseph’s College of the Christian Brothers and at the Shanghai American School.
Petitioner’s father died in Shanghai in July, 1948, and his mother resided in Japan at the time of the hearing.
Petitioner arrived in the Philippines in January, 1935 intending to proceed to Australia but obtained permission to remain and thereafter resided continuously in the Philippines.
Petitioner never took an oath of allegiance to the Soviet Government and testified that he considered himself stateless.
Petitioner married a Filipina and had at least one child, and counsel later stated he had two children.
Petitioner held employment with Bobcock & Co., Heacock & Co., and in the lumber concession of Jose Cauwenbergh, and he was a stockholder and director of the United States-Philippine Reconstruction Corporation receiving P1,600 a month.
Petitioner spoke and wrote English and possessed a working knowledge of Tagalog, Spanish, and Cuyonon.
Petitioner professed belief in the principles underlying the Philippine constitution and opposition to communistic government.
Petitioner was certified to be of good repute and morally irreproachable by Attys. Jesus T. Paredes and Arsenio S. Lacson.
Petitioner was not affiliated with any subversive organization and was not convicted of any crime nor suffering from any contagious disease.
Petitioner was an active member of the guerrilla forces in Palawan during the last war under Major Pablo Muyco and was later attached to the Allied Intelligence Bureau (U.S.A. Task Force, Team No. 017), earning two medals of hon