Case Summary (G.R. No. L-29208)
Core Issue
The primary issue in this appeal is whether Kaw Seng's application for naturalization can be accepted, given his failure to comply with certain residency requirements stipulated in the applicable law. Specifically, it concerns the lack of a declaration of intention under Section 5 of Commonwealth Act No. 473, which requires that applications for naturalization include such a declaration unless the applicant meets specific criteria.
Residency Requirements
Kaw Seng claims exemption from filing a declaration of intention, citing his continuous residence in the Philippines for over thirty years. However, the respondent points out that he had multiple absences from the country—ranging from four to nine months during various years—which interrupted the continuity of his residence. Such absences were observed in years 1921, 1927, 1932, and 1946, raising questions as to whether these periods disqualify him from being regarded as a continuous resident under the law.
Legal Precedents
The decision references the case of Sy See v. Republic, which clarifies that to qualify for the exemption from filing a declaration of intention, an applicant's residence must be continuous. In the present case, Kaw Seng's absences due to visits to China and the education of his children in Chinese schools indicate a lack of intent to permanently reside and integrate into Philippine society. His limited involvement in Filipino educational systems, as evidenced by his children being enrolled at the Iloilo Chinese Commercial High School, further illustrates this disconnect.
Court's Conclusion
Upon examining the facts and legal precedents, the court concludes that Kaw Seng’s repeated absences and the educational choices made for his children do not support his claim of continuous residency. Thus, he is ineligible for the exemption provided for u
...continue readingCase Syllabus (G.R. No. L-29208)
Case Overview
- This case involves an appeal by the Solicitor General to reverse a decision by the Court of First Instance of Iloilo, which granted the petition for naturalization of the petitioner, Kaw Seng.
- The primary contention of the appeal revolves around the failure of Kaw Seng to file a declaration of intention required under Commonwealth Act No. 473.
Legal Background
- Section 5 of Commonwealth Act No. 473 mandates a declaration of intention for naturalization, which is exempted under Section 6 for individuals who:
- Are born in the Philippines.
- Have received primary and secondary education in government-recognized schools.
- Have resided continuously in the Philippines for thirty years or more.
- The amended Act further stipulates that applicants must also ensure their children receive education in public or recognized private schools.
Petitioner’s Claims
- Kaw Seng claimed exemption from the declaration of intention requirement citing his continuous residence in the Philippines for over thirty yea