Case Summary (G.R. No. L-20623)
Relevant Dates
- Petition Filed: January 14, 1961
- Judgment by Lower Court: March 24, 1962
- Decision Date: April 27, 1967
Applicable Law
The case is governed by Commonwealth Act No. 473, also known as the Revised Naturalization Law, which outlines the procedures and requirements for individuals seeking naturalization in the Philippines.
Petitioner's Immigration History
Law Tai arrived in Manila on October 4, 1930. Following this, he traveled to Laoag, Ilocos Norte, where he resided for less than two years, then returned to Amoy in 1932 for a visit, before moving to Bacolod, Negros Occidental. After the war, he settled in Romblon, Romblon. Notably, he traveled back to Amoy with his wife in 1948 and visited Hong Kong as well. He married a Filipina, Salvacion T. Cerdena, on May 12, 1948, with whom he has six minor children.
State's Grounds for Appeal
The State presented three primary arguments against the lower court's ruling:
Failure to File Declaration of Intention: The petitioner did not submit a required declaration of intention under the Naturalization Law despite having resided in the Philippines for over 30 years by the time of his application. The State argued that residence must be "actual and substantial," asserting that the petitioner's absences, including trips to China and Hong Kong, interrupted his continuity of residence.
Incomplete Residence Information: The petitioner listed only Romblon, Romblon, as his current residence. He failed to mention his previous residences in Laoag and Bacolod. Jurisprudence dictates that not disclosing prior residences is detrimental to a naturalization application.
Insufficient Income: The petitioner’s annual income of P5,499.58 was questioned, particularly given his familial responsibilities of six children and a spouse. The State argued that this income did not meet the threshold of being "lucrative" based on the cost of living standards at the time.
Court's Reasoning and Conclusion
The court found that the petitioner’s absences from the Philippines—specifically the trips taken in 1948—were not sufficiently documented to assert they were short-term stays that would not disrupt the continuity of his residence. The burden to
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Case Background
- The petitioner, Law Tai, also known as Vicente Lo, is a citizen of the Republic of China and filed for naturalization on January 14, 1961.
- His petition was submitted to the Court of First Instance of Romblon, leading to a judgment on March 24, 1962, which declared him eligible for Philippine citizenship.
- The State opposed the petition and subsequently appealed the lower court's decision.
Petitioner’s Personal History
- Law Tai was born on May 17, 1923, in Amoy, China.
- He arrived in Manila on October 4, 1930, and initially resided in Laoag, Ilocos Norte, for less than two years.
- He returned to Amoy in 1932 for a visit lasting "less than four months." After returning to Manila, he moved to Bacolod, Negros Occidental.
- Following the liberation, he settled in Romblon, Romblon, where he started working as a purser on the ship "General Del Pilar."
- He married Salvacion T. Cerdena, a Filipina, on May 12, 1948, and they have six minor children.
- Law Tai established a business named Adventure Supply in 1950, reporting an annual income of P5,499.58 at the time of filing his petition.
Grounds for the State's Appeal
- The State raised three primary grounds for its appeal, challenging the petitioner’s eligibility for naturalization.