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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-1958 Jurisprudence                 

  • G.R. Nos. L-9456 & L-9481 January 6, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. DOMINGO DE LARA

    102 Phil 813

  • G.R. No. L-9692 January 6, 1958 - COLLECTOR OF INTERNAL REVENUE v. BATANGAS TRANSPORTATION COMPANY

    102 Phil 822

  • G.R. Nos. L-8845-46 January 7, 1958 - BATANGAS TRANSPORTATION COMPANY v. MARTIN SOUZA

    102 Phil 835

  • G.R. No. L-10202 January 8, 1958 - IN RE: SY CHHUT alias TAN BING TIONG v. REPUBLIC OF THE PHIL.

    102 Phil 839

  • G.R. No. L-10420 January 10, 1958 - IN RE: LIM KIM So alias FRANCISCO LIM KIM SO v. REPUBLIC OF THE PHIL.

    102 Phil 843

  • G.R. Nos. L-10249-60 January 14, 1958 - PEOPLE OF THE PHIL. v. RUFINO CRISOSTOMO

    102 Phil 846

  • G.R. No. L-10285 January 14, 1958 - SAMPAGUITA SHOE v. COMMISSIONER OF CUSTOMS

    102 Phil 850

  • G.R. No. L-10423 January 21, 1958 - AMADO P. JALANDONI v. ANGELA MARTIR-GUANZON

    102 Phil 859

  • G.R. No. L-11000 January 21, 1958 - PEOPLE OF THE PHIL. v. ALICIA RAPIRAP

    102 Phil 863

  • G.R. No. L-11014 January 21, 1958 - VICTORIANA ESPIRITU v. THE MUNICIPAL COUNCIL

    102 Phil 866

  • G.R. No. L-10196 January 22, 1958 - SANTOS LUMBER COMPANY v. CITY OF CEBU

    102 Phil 870

  • G.R. No. L-10776 January 23, 1958 - MELITON HERRERA v. THE AUDITOR GENERAL OF THE REP. OF THE PHIL.

    102 Phil 875

  • G.R. No. L-10922 January 23, 1958 - GREGORIO P. DE GUZMAN v. JOSE B. RAMOSO

    102 Phil 883

  • G.R. No. L-12294 January 23, 1958 - UNITED PEPSI-COLA SALES ORGANIZATION (PAFLU) v. HON. ANTONIO CA‘IZARES

    102 Phil 887

  • G.R. No. L-10234 January 24, 1958 - IN RE: Victoriano Yap Subieng to be admitted a citizen of the Phil.; VICTORIANO YAP SUBIENG v. REP. OF THE PHIL.

    102 Phil 892

  • G.R. No. L-9689 January 27, 1958 - JESUS T. QUIAMBAO v. PEDRO R. PERALTA

    102 Phil 899

  • G.R. No. L-10806 January 27, 1958 - DAVID AZNAR v. ASUNCION SUCILLA

    102 Phil 902

  • G.R. No. L-11093 January 27, 1958 - LEONARDO ENAGE LABAJO v. CIRIACO ENRIQUEZ

    102 Phil 907

  • G.R. No. L-10446 January 28, 1958 - COLLEGE OF ORAL & DENTAL SURGERY v. COURT OF TAX APPEALS

    102 Phil 912

  • G.R. No. L-10874 January 28, 1958 - RUFINO D. ANDRES v. THE CROWN LIFE INSURANCE COMPANY

    102 Phil 919

  • G.R. No. L-10702 January 29, 1958 - PEOPLE OF THE PHIL. v. SIXTO CABARLES

    102 Phil 926

  • G.R. No. L-10091 January 29, 1958 - BOY SCOUTS OF THE PHIL. v. JULIANA V. ARAOS

    102 Phil 1080

  • G.R. No. L-11343 January 29, 1958 - CARLOS LEDESMA v. COURT OF TAX APPEALS

    102 Phil 931

  • G.R. No. L-11248 January 30, 1958 - ANACLETA VILLAROMAN v. QUIRINO STA. MARIA

    102 Phil 937

  • Adm. Case No. 195 January 31, 1958 - IN RE: Attorney JESUS T. QUIAMBAO

    102 Phil 940

  • G.R. No. L-8252 January 31, 1958 - JOSE C. ZULUETA v. NICANOR NICOLAS

    102 Phil 944

  • G.R. No. L-9871 January 31, 1958 - ATKINS v. B. CUA HIAN TEK

    102 Phil 948

  • G.R. No. L-9928 January 31, 1958 - REP. OF THE PHIL. v. THE COURT OF APPEALS

    102 Phil 953

  • G.R. No. L-10022 January 31, 1958 - NORTHERN MOTORS v. NATIONAL LABOR UNION

    102 Phil 958

  • G.R. No. L-10141 January 31, 1958 - REP. OF THE PHIL. v. PHILIPPINE RESOURCES DEVELOPMENT CORPORATION

    102 Phil 960

  • G.R. Nos. L-10236-48 January 31, 1958 - PEOPLE OF THE PHIL. v. EUSTACIO DE LUNA

    102 Phil 968

  • G.R. No. L-10370 January 31, 1958 - THE COLLECTOR OF INTERNAL REVENUE v. MATIAS H. AZNAR

    102 Phil 979

  • G.R. No. L-10547 January 31, 1958 - THE PHIL. GUARANTY CO. v. LAURA DINIO

    102 Phil 991

  • G.R. No. L-10691 January 31, 1958 - ERLINDA STERNBERG v. GONZALO SOLOMON

    102 Phil 995

  • G.R. No. L-10747 January 31, 1958 - MARIANO DIAZ v. PASCUAL MACALINAO

    102 Phil 999

  • G.R. No. L-10902 January 31, 1958 - FLORIDA LAGMAY v. EMERENCIANA QUINIT

    102 Phil 1003

  • G.R. No. L-11024 January 31, 1958 - ALFONSO ANGELES v. THE COURT OF APPEALS, GREOGORIO STA. INES

    102 Phil 1006

  • G.R. No. L-11186 January 31, 1958 - ALFONSO CABABA v. PUBLIC SERVICE COMMISSION

    102 Phil 1013

  • G.R. No. L-11395 January 31, 1958 - SOTERA GARCIA DIMAGIBA v. HON. AMBROSIO M. GERALDEZ

    102 Phil 1016

  • G.R. No. L-11647 January 31, 1958 - FLORENTINO NAVARRO v. HON. ELOY BELLO

    102 Phil 1019

  • G.R. No. L-12724 January 31, 1958 - PEOPLE OF THE PHIL. v. CARIDAD CAPISTRANO

    102 Phil 1025

  •  





     
     

    G.R. No. L-10202 January 8, 1958 - IN RE: SY CHHUT alias TAN BING TIONG v. REPUBLIC OF THE PHIL. <br /><br />102 Phil 839

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-10202. January 8, 1958.]

    In the matter of the petition for naturalization of SY CHHUT alias TAN BING TIONG, Petitioner-Appellant, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellee.

    De la Cruz & De la Cruz for Appellant.

    Solicitor Gereral Ambrosio Padilla and Solicitor Isidro C. Borromeo for Appellee.


    SYLLABUS


    1. citizenship; false STATEMENTS IN THE DECLARATION AND PETITION; PETITIONER’S IRREPROACHABLE CONDUCT. —In his declaration of intention to become citizen of the Philippines, petitioner stated that he had not been convicted of any crime and, in paragraph 13 of his petition for naturalization he alleged that he had conducted himself "in a proper and irreproachable manner" during the entire period of his residence in the Philippines in his relations with the constituted government. Yet the record shows that petitioner had violated a building municipal ordinance, for which reason he was charged criminally with a violation thereof, convicted therefore, and sentenced to pay a fine of P20. In vie of this false statement on materials he made in the declaration of intention and the petition for naturalization, both of which are sworn to, petitioner’s conduct has not been irreproachable.

    2. ID.; APPLICATION FOR NATURALIZATION MUST BE SUPPORTED BY AFFIDAVIT. Where the period of residence required for a petitioner for naturalization is 10 years (Section 2, commonwealth Act 473) the supporting affidavit of character witness must show that the latter had known the petitioner at least 10 years prior to the filing of petition, otherwise the petition is fatally defective and does not copy with the requirement of the law which provides that petition for naturalization should be supported "by affidavit of at least two credible persons, stating that they . . . personally know the petitioner to be a resident of the Philippines, for a period of time required by this Act . . . ." (Sec. 7 of Commonwealth Act 473)

    3. ID.; WHERE THE PETITIONER’S CHILDREN STUDY IN PRIVATE SCHOOLS; EVIDENCE OF RECOGNITION NECESSARY. — Where the petitioner’s children are enrolled in private schools, it is recognized by our Government and that Philippine history, government and civics are taught therein as part of the curriculum as required in section 2, paragraph 6 of the Revised Naturalization Law.


    D E C I S I O N


    CONCEPCION, J.:


    Petitioner Sy Chhut alias Tan Bin Tiong seeks a review of an order of the Court of First Instance of Manila denying his petition for naturalization as citizen of the Philippines.

    It appears that in his declaration of intention to become such citizen, appellant stated that he had not been convicted of any crime and that, in paragraph 13 of his petition for naturalization, appellant alleged that he had conducted himself "in a proper and irreproachable manner", during the entire period of his residence in the Philippines, in his relations with the constituted government. However, the record shows that petitioner had ordered the construction of a two story building, in the City of Manila, without securing the building permit required by a municipal ordinance, for which reason he was charged criminally with a violation thereof, convicted therefor, and sentenced to pay a fine of P20, which was paid on August 21, 1951. Hence, he made in the declaration of intention and the petition for naturalization, both of which are sworn to, false statements on material matters. Apart from thus indicating that appellant’s conduct has not been irreproachable, the foregoing reflects against his moral character.

    Appellant would have us believe now that said false statements were unintentional, for he was unaware of his prosecution and conviction, and of the fine imposed upon him, and that the same was paid, without his knowledge or consent, by Inocencio Tan, a building contractor who undertook the construction of said building, according to a motion for new trial filed by appellant and the affidavit of said Inocencio Tan, attached to said motion, which was denied by the lower court. Appellant’s brief shows, however, that Inocencio Tan was not a building contractor. Besides, being the defendant in said criminal case, appellant is presumed to have been served with the corresponding notice, and, on the witness stand, he did not deny receipt thereof. Again, appellant admitted on the witness stand his prosecution and conviction, but he testified that the fine imposed was P10 only. This is another circumstance that reflects his lack of veracity and poor moral character.

    Apart from this, appellant’s petition does not comply with section 7 of our Revised Naturalization Law, which provides that:jgc:chanrobles.com.ph

    ". . . The petition must be filed by the applicant in his own hand writing and be supported by affidavit of at least two credible persons, stating that they are citizens of the Philippines and personally know the petitioner to be a resident of the Philippines for a period of time required by this Act and a person of good repute and morally irrephoachable . . ."cralaw virtua1aw library

    The period of residence required for appellant herein is ten (10) years (section 2, Commonwealth Act No. 473). Yet, the affidavit of witness Arcebal, attached to appellant’s application, states that the former had known the latter since 1946, or less than ten (10) years prior to February 13, 1954, when said petition was filed. Hence, said petition is fatally defective. (Robert Cu v. Republic, 1 G. R. No. L- 3018, July 18, 1951, and Awad v. Republic, 2 G. R. No. L-7685, September 23, 1955.) It is true, that, testifying for appellant herein, Arcebal said that the year 1946 must have been written in his affidavit due to a "clerical or typographical" mistake. But, regardless of the veracity of this explanation, the law requires that the petition for naturalization be supported "by affidavit of at least two credible persons, stating that they . . . personally know the petitioner to be a resident of the Philippines for a period of time required by this Act . . . ." (Sec. 7.) This requirement has not been fulfilled.

    Lastly, appellant testified that his daughter Marcela Sy is enrolled in the Chiang Kai Shek High School, and his children Manuel Sy and Juanita Sy are studying in the Chinese Republic School. There is no evidence that these private schools are recognized by our Government and that Philippine history, government and civics are taught therein as part of the curriculum. Hence, compliance with section 2, paragraph 6, of the Revised Naturalization Law has not been established.

    Wherefore, the order appealed from is hereby affirmed, with costs against the petitioner. It is so ordered.

    Paras, C.J., Bengzon, Padilla, Montemayor, Reyes, A. Bautista Angelo, Reyes, J. B. L., Endencia and Felix, JJ., concur.

    Endnotes:



    1. 89 Phil., 473.

    2. 97 Phil., 569.

    G.R. No. L-10202 January 8, 1958 - IN RE: SY CHHUT alias TAN BING TIONG v. REPUBLIC OF THE PHIL. <br /><br />102 Phil 839


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