Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1962 > May 1962 Decisions > G.R. No. L-17025 May 30, 1962 - IN RE: SY SEE v. REPUBLIC OF THE PHIL. :




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-17025. May 30, 1962.]

IN THE MATTER OF THE PETITION FOR ADMISSION AS CITIZEN OF THE PHILIPPINES. SY SEE, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

F. V. Borromeo and J. R. Gaboya for Petitioner-Appellee.

Solicitor General for Oppositor-Appellant.


SYLLABUS


1. NATURALIZATION; NOTICE OF INTENTION TO BECOME A CITIZEN; APPLICANT NOT ENTITLED TO EXEMPTION FOR FAILURE OF HIS CHILDREN TO MEET EDUCATIONAL REQUIREMENT. — An applicant who failed to enroll his children of school age in private schools recognized by the Philippine government, is not entitled to exemption from the filing of a notice of intention to become a citizen of the Philippines as provided in Section 5 of the Naturalization Act.

2. ID.; ID.; FAILURE TO COMPLY WITH RESIDENCE REQUIREMENT DUE TO FREQUENT AND LONG ABSENCES FROM THE PHILIPPINES. — An applicant who has left the Philippines many times and stayed outside of the country for long periods of time to visit his family, cannot be considered as having resided in the Philippines continuously as required by Section 5 of the Naturalization Act.

3. ID.; LACK OF SINCERE DESIRE TO ESTABLISH PHILIPPINE CITIZENSHIP. — The conduct of the petitioner in keeping his family in a neighboring country and continuously visiting them for periods of time extending from two to five months, and in sending his children to schools in said foreign country and not in the Philippines, may not be considered as showing a sincere desire to establish himself as a Filipino citizen and embrace the customs and traditions of the Filipinos.

4. ID.; IRREPROACHABLE CHARACTER REQUIRED; EFFECT OF COMMISSION OF FALSEHOOD. — The commission of a falsehood by the petitioner in a public instrument by falsely stating in his application that he had enrolled his children of school age in institutions recognized by the Philippine government, shows that his character is not irreproachable, which is essential for his admission as a citizen of the Philippines.


D E C I S I O N


LABRADOR, J.:


This is an appeal from a decision of the Court of First Instance of Cebu, Honorable Jose Rodriguez, presiding, approving the naturalization of petitioner Sy See as a citizen of the Philippines.

The original petition filed by Sy See alleges that Sy See has resided in the Philippines continuously for 33 years, with a permanent place of residence at the City of Cebu; that he is exempt from the requirements of Section 5 of Commonwealth Act 473 for the reason that he has continuously resided in the Philippines for more than thirty three years and enrolled his children of school age in private schools recognized by the Philippine government. In consequence of these allegations he did not file with the Bureau of Justice a declaration under oath that it is his bona fide intention to become a citizen of the Philippines, one year prior to the filing of his petitioner, as required by Section 5 of the Naturalization Act.

At the hearing it was shown that petitioner was born in Chingkang, China on January 27, 1917 and came to the Philippines in May, 1926, establishing a permanent residence in Cebu City. He continuously resided in the Philippines for a period of thirty three years although he went out to China in 1940 to 1941 for five months and again in 1946 for three months. In 1952 he went to Hongkong for two months, in 1956 he made two other trips to Hong Kong, each time staying there for two months. In 1958 he again went to Hong Kong and stayed there for two months; so did he again in 1959, also for two months. He has five children: Sy Un, born on December 26, 1941; Sy Kay, born on October 5, 1947; Sy Bee Bee, born on June 9, 1953; Sy Bee Ley, born on March 31, 1957; and Sy Chuan, born on March 4, 1959. Sy Un was registered in the fourth year of the Cebu Kian Kee High School and Sy Kay in grade three in the month of February, 1960. Sy Un and Sy Kay arrived for the first time in the Philippines on July 10, 1959, as temporary visitors, applicant’s wife and the other three children are presently residing in Hong Kong.

The Court of First Instance of Cebu having found that Sy See has the qualifications for naturalization as a Filipino citizen, the Government appealed, claiming that the lower court erred in finding that the petitioner-appellee is exempt from filing a declaration of intention, and in not dismissing the petition for applicant’s failure to file such declaration of intention, and further that the applicant has not fulfilled the requirements regarding the education of his children in the Philippines.

With respect to the first assignment of error the record discloses that Sy Un was admitted to the Philippines only on July 10, 1959 and Sy Kay on the same date; Sy Un having been born on December 26, 1941, was more than seventeen years of age at the time of his admission, while Sy Kay was more than twelve years. As they arrived in the Philippines only on July 10, 1959 they must have been immediately registered upon entry, in the Cebu Kian Kee High School (See certificate Exhibit "J"). From this it is evident that the petitioner has not given "primary and secondary education to all his children in the public schools or in private schools recognized by the government." As Sy Un and Sy Kay entered the Philippines only on July 10, 1959, before that date they must have studied, if they studied at all, in Hong Kong and not in the Philippines. The petitioner, therefore, failed to comply with the additional requirement established in Section 6 of the Naturalization Act as amended by Commonwealth Act No. 535. Considering that this second requirement of maintaining his children in schools recognized by the Government has not been complied with by the petitioner, he is not entitled to the exemption from filing a notice of intention to become a citizen of the Philippines as required in Section 5 of the Naturalization Act.

Another requirement to exempt an applicant for naturalization from filing the notice of intention to apply for Philippine citizenship, is that the residence of the applicant in the Philippines must be continuous. The petitioner at bar was absent having gone to China on the following years and for so many months; 1941, five months; 1946, three months; 1956, two months; 1958, two months; and 1959, two months. The apparent purpose of the petitioner in going to Hong Kong was to visit his family and children who were living in China or in Hong Kong. An applicant who has left the Philippines so many times and stayed outside for so long periods of time visit his family outside the Philippines, cannot be considered as having resided in the Philippines continuously as required by Section 5 of the Naturalization Act. The conduct of the petitioner in keeping his family in a neighboring country and continuously visiting them for periods of time extending from two months to five months, and sending his children to schools in a foreign country and not in the Philippines, does not show a sincere desire to establish himself as a Filipino citizen and embrace the customs and traditions of the Filipinos.

There is still another reason why the petitioner is not entitled to admission, and that is the commission by him of a falsehood in his application. In his application he expressly states that he has enrolled his children of school age in institutions recognized by the Philippine government, yet he sent his two elder children Sy Un and Sy Kay in Hong Kong and brought them to the Philippines only in July, 1959. It is, therefore, not true that he has sent or enrolled his children to schools recognized by the Philippine government. Having committed this falsehood in his application, which is a public instrument, petitioner cannot be said to have an irreproachable character essential for his admission as a citizen of the Philippines.

FOR THE FOREGOING CONSIDERATIONS the decision appealed from is hereby set aside and the petition dismissed, with costs against the petitioner.

Padilla, Bautista Angelo, Reyes, J.B.L., Barrera, Paredes, and Dizon, JJ., concur.

Concepcion, J., concurs in the result.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






May-1962 Jurisprudence                 

  • G.R. No. L-19721 May 10, 1962 - CARLOS CUNANAN v. JORGE TAN, JR.

  • G.R. No. L-15580 May 10, 1962 - PEOPLE OF THE PHIL. v. PACIFICO CLOMA

  • G.R. No. L-19593 May 10, 1962 - DELFIN B. ALBANO v. PROVINCIAL BOARD OF CANVASSERS OF ISABELA, ET AL.

  • G.R. No. L-14975 May 15, 1962 - NATIONAL LABOR UNION v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-11938 May 18, 1962 - LA CAMPANA STARCH FACTORY, ET AL. v. KAISAHAN NG MGA MANGGAGAWA SA LA CAMPANA, ET AL.

  • G.R. No. L-12658 May 18, 1962 - FORTUNATO PICHAY, ET AL. v. MICHAEL S. KAIRUZ

  • G.R. No. L-14573 May 18, 1962 - CONCEPCION FELICIANO v. COURT OF AGRARIAN RELATIONS, ET AL.

  • G.R. No. L-15092 May 18, 1962 - ALFREDO MONTELIBANO, ET AL. v. BACOLOD-MURCIA MILLING CO., INC.

  • G.R. Nos. L-17041-17042 May 18, 1962 - TOMAS LITIMCO v. LA MALLORCA

  • G.R. No. L-17153 May 18, 1962 - UNITED STATES RUBBER CO. v. MARIANO MEDINA

  • G.R. No. L-17524 May 18, 1962 - FELICIANO VERGARA v. CIRIACO VERGARA

  • G.R. No. L-18883 May 18, 1962 - PEDRO ESTELLA v. PEDRO EDAÑO

  • G.R. No. L-10457 May 22, 1962 - CONCEPCION H. LUNA, ET AL. v. PEDRO P. SANTOS, ET AL.

  • G.R. No. L-16472 May 23, 1962 - JUANA VDA DE MARTEL, ET AL. v. JULIANA F. ADRALES, ET AL.

  • G.R. No. L-16628 May 23, 1962 - VIVENCIO LASALA, ET AL. v. JOSE F. FERNANDEZ, ET AL.

  • G.R. No. L-17593 May 24, 1962 - INES SAPONG CASEÑAS, ET AL. v. RICARDO JANDAYAN

  • G.R. No. L-18420 May 24, 1962 - DALMACIO PREPOTENTE v. JOSE SURTIDA, ET AL.

  • G.R. No. L-17788 May 25, 1962 - LUIS RECATO DY, ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-17905 May 25, 1962 - IGNACIO CAMPOS, ET AL. v. MANILA RAILROAD COMPANY, ET AL.

  • G.R. No. L-15345 May 26, 1962 - PEOPLE OF THE PHIL. v. RICARDO MAPA, ET AL.

  • G.R. No. L-15915 May 26, 1962 - MARCELINO T. MACARAEG, ET AL. v. PHILIPPINE NATIONAL BANK

  • G.R. No. L-17923 May 26, 1962 - REPUBLIC OF THE PHIL. v. ROMAN CANSINO, JR., ET AL.

  • G.R. No. L-18069 May 26, 1962 - ALFONSO DY CUECO v. SEC. OF JUSTICE, ET AL.

  • G.R. No. L-16732 May 29, 1962 - RAMON AUGUSTO, ET AL. v. ARCADIO ABING, ET AL.

  • G.R. No. L-17622 May 29, 1962 - IN RE: FERNANDO UY v. REPUBLIC OF THE PHIL.

  • G.R. No. L-12613 May 30, 1962 - FARM IMPLEMENT MACHINERY CO. v. COMMISSIONER OF CUSTOMS

  • G.R. No. L-13250 May 30, 1962 - COLLECTOR OF INTERNAL REVENUE v. ANTONIO CAMPOS RUEDA

  • G.R. No. L-13555 May 30, 1962 - SOCIAL SECURITY COMMISSION v. FROILAN BAYONA, ET AL.

  • G.R. No. L-14010 May 30, 1962 - PEOPLE OF THE PHIL. v. LUIS M. TARUC, ET AL.

  • G.R. No. L-14207 May 30, 1962 - PEOPLE OF THE PHIL. v. DIONISIO MENDIOLA

  • G.R. No. L-15680 May 30, 1962 - LUZON STEVEDORING CORPORATION v. LAND REGISTRATION COMMISSION, ET AL.

  • G.R. No. L-16027 May 30, 1962 - LUMEN POLICARPIO v. MANILA TIMES PUBLICATION CO., INC., ET AL.

  • G.R. No. L-16383 May 30, 1962 - PEOPLE OF THE PHIL. v. FELIPE LUMANTAS, ET AL.

  • G.R. No. L-16407 May 30, 1962 - ARCADIO G. MATELA v. CHUA TAY

  • G.R. No. L-16828 May 30, 1962 - SI NE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16850 May 30, 1962 - COMMISSIONER OF INTERNAL REVENUE v. UNITED STATES LINES COMPANY

  • G.R. No. L-16955 May 30, 1962 - SALVADOR PANLILIO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-17013 May 30, 1962 - IN RE: YAN HANG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-17025 May 30, 1962 - IN RE: SY SEE v. REPUBLIC OF THE PHIL.

  • G.R. No. L-17338 May 30, 1962 - ADRIANO D. DASALLA, ET AL. v. CITY ATTORNEY OF QUEZON CITY, ET AL.

  • G.R. No. L-17394 May 30, 1962 - AMADOR D. SANTOS v. DOLORES BANZON TOLENTINO, ET AL.

  • G.R. No. L-17396 May 30, 1962 - CECILIO PE, ET AL. v. ALFONSO PE

  • G.R. No. L-17458 May 30, 1962 - DANILO DAVID v. ALASKA LUMBER COMPANY

  • G.R. No. L-17502 May 30, 1962 - A. V. H. & COMPANY OF THE PHIL. v. WORKMEN’S COMPENSATION COMMISSIONER, ET AL.

  • G.R. No. L-17588 May 30, 1962 - TERESA REALTY, INC. v. MAXIMA BLOUSE DE POTENCIANO

  • G.R. No. L-17591 May 30, 1962 - CLEOTILDE LAT v. COURT OF APPEALS, ET AL.

  • G.R. No. L-17616 May 30, 1962 - PEOPLE OF THE PHIL. v. FELIPE ABUY

  • G.R. No. L-17656 May 30, 1962 - EDUARDO TAYLOR v. PEDRO M. GIMENEZ, ET AL.

  • G.R. No. L-17663 May 30, 1962 - PEOPLE OF THE PHIL. v. ISAURO SANTIAGO

  • G.R. Nos. L-17684-85 May 30, 1962 - VILLA REY TRANSIT, INC. v. PANGASINAN TRANSPORTATION COMPANY, INC., ET AL.

  • G.R. No. L-17757 May 30, 1962 - MAMERTA DE LA MERCED v. COURT OF APPEALS, ET AL.

  • G.R. No. L-17896 May 30, 1962 - VALENTIN A. FERNANDO v. ANGAT LABOR UNION

  • G.R. No. L-17920 May 30, 1962 - PEOPLE OF THE PHIL. v. ORLANDO CARREON

  • G.R. No. L-17932 May 30, 1962 - JOSE D. DE LA CRUZ v. SULPICIO DOLLETE, ET AL.

  • G.R. No. L-17939 May 30, 1962 - RICARDO CARLOS v. MARIA DE LA ROSA

  • G.R. No. L-17977 May 30, 1962 - JEREMIAS MONTEJO v. DOMINGO CABANGON, ET AL.

  • G.R. No. L-18023 May 30, 1962 - ANGEL OTIBAR, ET AL. v. DEMETRIO G. VINSON, ET AL.

  • G.R. No. L-18026 May 30, 1962 - SAN FELIPE IRON MINES, INC. v. JOSE A. NALDO, ET AL.

  • G.R. No. L-18165 May 30, 1962 - PLYWOOD INDUSTRIES, INC. v. WORKMEN’S COMPENSATION COMMISSION, ET AL.

  • G.R. No. L-18530 May 30, 1962 - JOSE ALCANTARA v. DIONISIA YAP, ET AL.

  • G.R. No. L-18535 May 30, 1962 - VALDERRAMA LUMBER MANUFACTURERS’ COMPANY, INC. v. L. S. SARMIENTO, CO., INC., ET AL.

  • G.R. No. L-18871 May 30, 1962 - EDUARDO SOTTO v. DIRECTOR OF PRISONS, ET AL.

  • G.R. No. L-11357 May 31, 1962 - FELIPE B. OLLADA, ETC. v. CENTRAL BANK OF THE PHILIPPINES

  • G.R. No. L-11621 May 31, 1962 - ANTONIA DE GUZMAN VDA. DE RONQUILLO, ET AL. v. FRANCISCO MARASIGAN

  • G.R. No. L-11848 May 31, 1962 - IN RE: ADELA SANTOS GUTIERREZ v. JOSE D. VILLEGAS, ET AL.

  • G.R. No. L-12719 May 31, 1962 - COLLECTOR OF INTERNAL REVENUE v. CLUB FILIPINO, INC., DE CEBU

  • G.R. No. L-14180 May 31, 1962 - LUDOVICO ESTRADA, ET AL. v. AMADO S. SANTIAGO, ETC., ET AL.

  • G.R. No. L-16045 May 31, 1962 - IN RE: CHUA CHIONG v. REPUBLIC OF THE PHIL.

  • G.R. Nos. L-16185-86 May 31, 1962 - BENIGNO T. PEREZ, ET AL. v. ANTONIO M. PEREZ

  • G.R. No. L-17437 May 31, 1962 - MENO PE BENITO v. ZOSIMO MONTEMAYOR

  • G.R. No. L-17520 May 31, 1962 - PEOPLE OF THE PHIL. v. FAUSTINO BALANCIO, ET AL.

  • G.R. Nos. L-17603-04 May 31, 1962 - CEFERINA SAMO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. L-17835 May 31, 1962 - GONZALO SANTOS RIVERA, ET AL. v. ANTONIO J. VILLEGAS, ET AL.

  • G.R. No. L-17852 May 31, 1962 - REPUBLIC OF THE PHIL. v. AMADOR E. GOMEZ, ET AL.

  • G.R. No. L-17955 May 31, 1962 - PILAR LAZARO VDA. DE JACINTO, ET AL. v. SALUD DEL ROSARIO VDA. DE JACINTO, ET AL.