Case Summary (G.R. No. L-11362)
Factual Background
On May 5, 1953, Simeon Lim Ham Yong filed a petition for naturalization. Following a thorough trial, the lower court granted the petition. However, the Solicitor General appealed the decision, arguing that at the time of the filing, the petitioner was ineligible for naturalization due to his status as a student, which did not meet the qualifications for a naturalized citizen. The appellant also contended that the lower court erred by admitting evidence about the petitioner's employment, as there was no prior allegation of this in the petition.
Evidence Presented
The petitioner presented several key facts during the trial: he was born on January 6, 1930, in Cebu City to Chinese parents and had only left the Philippines once when he was four years old. He completed his elementary education in Leyte, high school at the University of San Carlos in Cebu, and earned a Bachelor of Science degree in Civil Engineering from Mapúa Institute. At the time of the trial, he was employed at Building Craft Construction Company, earning a salary of PHP 200.00 a month. He was also a partner in the company at 5% capital ownership. Apart from his professional background, he was studying commerce at the same university, was single, and demonstrated proficiency in English, Cebuano, Visayan, and Tagalog. He professed his belief in the principles underlying the Philippine Constitution and had conducted himself well in his interactions with Filipinos, embodying a desire to assimilate into their culture.
Legal Analysis
The Solicitor General's objections were considered insufficient to reverse the lower court’s ruling. The appellant claimed that evidence regarding the petitioner’s employment should have been excluded from trial due to the lack of a related assertion in the original petition. However, the court found that the failure to contest the admissibility of this evidence during the trial effectively constituted a waiver of any objection. Moreover, even if the petitioner had not met the qualif
...continue readingCase Syllabus (G.R. No. L-11362)
Case Background
- The case involves a petition for naturalization filed by Simeon Lim Ham Yong in the Court of First Instance of Cebu on May 5, 1953.
- The petition was granted after trial, leading to an appeal by the Solicitor General, who represented the Republic of the Philippines.
- The Solicitor General contended that the petitioner was not qualified for naturalization at the time of filing, asserting that he was merely a student.
Petitioner’s Personal History
- Simeon Lim Ham Yong was born on January 6, 1930, in Cebu City to Chinese parents.
- He has spent his entire life in the Philippines, with the exception of a brief visit to China when he was four years old in 1934.
- His educational background includes elementary education in Leyte, high school at the University of San Carlos in Cebu, and a Bachelor of Science in Civil Engineering from the Mapua Institute.
- At the time of the petition, he was employed at the Building Craft Construction Company, earning a monthly salary of P200.00, and he was also a stockholder in the company.
Educational and Linguistic Proficiency
- The petitioner was continuing his education by studying commerce at t