Title
Republic vs. Go Pei Hung
Case
G.R. No. 212785
Decision Date
Apr 4, 2018
A British resident sought Filipino citizenship but was denied by the Supreme Court for failing to attach a mandatory Certificate of Arrival, stressing strict naturalization law compliance.
naturalization
statutory requirements
strict compliance

Case Summary (G.R. No. 212785)

Factual Background

The respondent, a British subject and Hong Kong resident, filed a petition for naturalization in the RTC of Manila on December 3, 2007. He alleged continuous residence in the Philippines since 1973, asserted study at the Philippine Pasay Chinese School in 1974 through 1976, and claimed a lucrative occupation in the sale of automobile parts. At trial the respondent presented documentary evidence, including Annual Income Tax Returns for 2007 through 2009, and the testimonies of two character witnesses who professed personal knowledge of his residence and conduct.

Trial Court Proceedings

The RTC, after receiving evidence and hearing testimony, found that the respondent satisfied the qualifications contained in Section 2 of Commonwealth Act No. 473, particularly as to age, residence, moral character, and a known lucrative occupation. The RTC credited the two witnesses and concluded that there was no impediment to granting naturalization. The RTC ordered compliance with the two-year finality requirement of Republic Act No. 530 and set a further hearing to determine continued compliance with qualifying conditions.

Ruling of the Court of Appeals

The Court of Appeals affirmed the RTC in its February 28, 2014 Decision. The CA considered the Republic's four assignments of error — failure to file a Declaration of Intention under Section 5 of CA 473, failure to attach a Certificate of Arrival under Section 7, failure to prove a lucrative trade or occupation, and failure to present credible character witnesses — and rejected each. The CA concluded that the respondent qualified for exemption from filing the Declaration of Intention under Section 6 because he had resided continuously in the Philippines since 1973, that the facts required by the declaration were otherwise proven at trial, that documentary and testimonial evidence established a lucrative trade, and that the character witnesses were credible. The CA therefore dismissed the appeal and affirmed the RTC decision.

Issues Presented to the Supreme Court

The principal issues before the Supreme Court were whether the respondent's petition for naturalization should have been granted notwithstanding the alleged failure to file a Declaration of Intention and to attach a Certificate of Arrival, whether the respondent proved the existence of a lucrative trade or occupation, and whether the character witnesses were sufficiently credible under Commonwealth Act No. 473.

Petitioner’s Contentions

The Republic of the Philippines argued that the naturalization grant was defective because the respondent did not file the Declaration of Intention with the Office of the Solicitor General and did not attach a Certificate of Arrival to his petition as required by CA 473. The Republic further contended that the respondent was not entitled to exemption under Section 6 because he was born in Hong Kong and obtained permanent resident status only in 1989, that the absence of the Certificate of Arrival prevented verification of lawful entry and rendered the petition null and void, that the respondent’s alleged annual income of P165,000 was inadequate to show a known lucrative trade, and that the two witnesses were not credible persons with personal knowledge of the respondent’s conduct over the requisite residential period.

Respondent’s Contentions

The respondent maintained that he was exempt from filing the Declaration of Intention and the Certificate of Arrival under Section 6 because he had resided continuously in the Philippines for more than thirty years, having arrived in 1973 and matriculated in local school in 1974. He argued that the Certificate of Arrival is merely a component of the Declaration of Intention and therefore unnecessary once exemption applied, that the petition was otherwise valid and properly published, that documentary evidence and witness testimony established a lucrative occupation and sufficient income, and that his character witnesses credibly testified as to his reputation and conduct.

Legal Basis and Reasoning of the Supreme Court

The Supreme Court granted the petition for review. It reiterated the controlling principle that an applicant for naturalization must show full and complete compliance with the statutory requirements of the naturalization law and that such proceedings are imbued with the highest public interest. The Court emphasized the mandatory language of Section 7 of Commonwealth Act No. 473, which requires that the certificate of arrival "must be made part of the petition." The Court held that the Certificate of Arrival serves the substantive purpose of proving lawful entry into the Philippines and preventing aliens who surreptitiously entered the country from acquiring citizenship by naturalization. The Court rejected the respondent’s contention that exemption from the Declaration of Intention under Section 6 excused submission of the Certificate of Arrival, explaining that the Declaration of Intention and the Certificate of Arrival are distinct requirements and that the latter remains indispensable to establish lawful entry. The Court further observed that permanent resident status did not obviate the statutory need for a certificate of arrival, as naturali

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