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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-10420 January 10, 1958 - IN RE: LIM KIM So alias FRANCISCO LIM KIM SO v. REPUBLIC OF THE PHIL. <br /><br />102 Phil 843

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. L-10420. January 10, 1958.]

    In the matter of the petition for admission as citizen of the Philippines. LIM KIM So alias FRANCISCO LIM KIM SO, Petitioner-Appellant, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellee.

    Nicolas Jumapao for Appellant.

    First Assistant Solicitor General Guillermo E. Torres and Solicitor Isidro C. Borromeo for Appellee.


    SYLLABUS


    CITIZENSHIP; PETITIONER’S RESIDENCE FOR OVER THIRTY YEARS; EXEMPTION FROM FILING DECLARATION; CHILDREN GIVEN PRIMARY AND SECONDARY EDUCATION. — The petitioner appellant had contracted marriage twice. In 1917, he married in China one Yee Ochia, whom he never brought to the Philippines and who died in Amoy, China in 1927. In May, 1928, he married his present wife, Tee Ty, in Amoy, China. His first wife bore him two (2) children both born in Amoy, China who were not brought in the Philippines while of school age and had not completed the primary and secondary education as required in section 6 of the Naturalization law, HELD: that in order that one qualified to be naturalized may be excused from making a declaration of intention prior to the filing of his application for naturalization under section 6 of the naturalization law, petitioner must, in addition to his residence for a period of more than 30 years, have given primary and secondary education to all his children regardless of their age at the time of the filing of the petition for naturalization in the public schools or in private schools recognized by the government and not limited to any race or nationality.


    D E C I S I O N


    CONCEPCION, J.:


    This case is before Us on appeal, taken by Lim Kim alias Francisco Lim Kim So, from a decision of the Court of First Instance of Cebu, denying his petition for naturalization, upon the ground that he had not filed the declaration of intention required in section 5 of Commonwealth Act No. 473, as amended by Commonwealth Act No. 535.

    Although it is not disputed that said declaration of intention has never been filed, appellant maintains that, pursuant to section 6 of the Revised Naturalization law, he is exempt from making such declaration, he having resided in the Philippines continuously since 1910, or for over thirty (30) years. However, said section 6 requires, in addition to the aforementioned period of residence, "that the applicant has given primary and secondary education to all his children in the public schools or in private schools recognized by the government and not limited to any race or nationality, . . ." and the lower court found that appellant has not satisfied this requirement.

    In this connection, it appears that appellant had contracted marriage twice. In 1917, he married in China one Yee Ochia, whom he never brought to the Philippines, and who died in Amoy, China, in 1927. In May, 1928, he married his present wife, Tee Ty, in Amoy, China. His first wife bore him two (2) children, namely, Lim Ching Suan and Lim Ching Kee, both born in Amoy, China, the former in May, 1919 and the latter in January, 1924. They studied in the Little Flower of Jesus Academy, the former for two (2) years, and the latter for about eight (8) years. Inasmuch as these two (2) children by first marriage had not completed the primary and secondary education referred to in the aforementioned section 6 of the Revised Naturalization Law, the lower court held that appellant had to file a declaration of intention, and that, not having done so, the petition for naturalization should be, as it was, denied.

    It is urged that said requirement cannot and does not apply to his children by first marriage, they being of age when his petition for naturalization was filed on October 10, 1950. However, the case of In re Yap Chun (L-8642, January 30, 1956), cited in support of this pretense, is not in point, for it refers to the qualifications for naturalization under section 2 of the Revised Naturalization Law, whereas the issue in the case at bar hinges on the conditions essential in order that one qualified to be naturalized may be excused from making a declaration of intention one (1) year prior to the filing of his application for naturalization, under section 6 of said law.

    With respect to case of (In re Yu Hiang L-8378 March 23, 1956), likewise cited in appellant’s brief, nothing said in our decision therein suggests that failure to give the requisite education to the children of the applicant for naturalization would not bar the enjoyment of the exemption from making a declaration of intention, if said children were of age at the time of the filing of the petition for naturalization. It so happened, merely, that Yu Hiang’s children were minors. There was no issue therein whether said declaration of intention would have been necessary had said children been of age at the aforementioned time.

    Besides, unlike said section 2, which expressly mentions "minor" children, section 6 refers explicitly to "all" children, regardless of their age. Again, appellant’s contention would have been, perhaps, tenable, had his children been already of age, when he came to the Philippines, in 1910, for it would have been legally impossible for him to compel them to go to school and complete the primary and secondary courses of education, if they did not want to. But, such is not the case of appellant herein, for he had been a resident of the Philippines for seven (7) years before he married in China his first wife, who never came in the Philippines. He did not cause his children to come to the Philippines until they were about 15 years of age, and one of them (Lim Ching Suan) stayed in the Philippines for about ten (10) years only. In other words, he could have brought them to the Philippines as soon as they were of school age and seen to it that they took the requisite primary and secondary education during their minority, but he did not do so.

    Lastly, our Naturalization Law requires that the children of the applicant for naturalization be educated, either in public schools, or in private schools recognized by our Government, where Philippine government, civics and history are taught as part of the curriculum. The record does not show whether or not the Little Flower of Jesus Academy meets this condition.

    It is clear, therefore, that appellant has not satisfactorily established that he is under no obligation to file a declaration of intention, and that, accordingly, the decision appealed from must be, as it is hereby affirmed, with costs against said appellant. It is ordered.

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

    G.R. No. L-10420 January 10, 1958 - IN RE: LIM KIM So alias FRANCISCO LIM KIM SO v. REPUBLIC OF THE PHIL. <br /><br />102 Phil 843


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