February 1965 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Philippine Supreme Court Jurisprudence > Year 1965 > February 1965 Decisions >
G.R. No. L-19575 February 26, 1965 - IN RE: HARRY ONG PING SENG v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. L-19575. February 26, 1965.]
IN THE MATTER OF THE PETITION OF HARRY ONG PING SENG TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. HARRY ONG PING SENG, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
H.M. Abdon & A.R. Narvasa for Petitioner-Appellee.
Solicitor General for Oppositor-Appellant.
SYLLABUS
1. CITIZENSHIP; NATURALIZATION; MORAL CHARACTER NOT GOOD WHERE APPLICANT FALSELY STATED GROSS INCOME IN ADDITIONAL RESIDENCE TAX CERTIFICATE. — The fact that an applicant for naturalization declared in the statement for the payment of his additional residence certificate for a certain year an amount of gross income for the preceding year substantially lesser than the amount set forth in his income tax return for that year shows that his moral character is not good as it should be.
2. ID.; ID.; MINGLING SOCIALLY WITH FILIPINOS DISPROVEN BY ENROLLING CHILDREN IN CHINESE SCHOOL. — The fact that the three children of petitioner were enrolled in a school run and operated by Chinese citizens, the student body of which consists mainly of Chinese nationals, indicates that he has not evinced a sincere desire to mingle socially with Filipinos and to embrace their customs, traditions and ideals.
3. ID.; ID.; FAILURE TO STATE IN PETITION ALL FORMER RESIDENCES FATAL. — The failure of petitioner to state in his petition all of his former places of residence warrants denial of his petition.
2. ID.; ID.; MINGLING SOCIALLY WITH FILIPINOS DISPROVEN BY ENROLLING CHILDREN IN CHINESE SCHOOL. — The fact that the three children of petitioner were enrolled in a school run and operated by Chinese citizens, the student body of which consists mainly of Chinese nationals, indicates that he has not evinced a sincere desire to mingle socially with Filipinos and to embrace their customs, traditions and ideals.
3. ID.; ID.; FAILURE TO STATE IN PETITION ALL FORMER RESIDENCES FATAL. — The failure of petitioner to state in his petition all of his former places of residence warrants denial of his petition.
D E C I S I O N
CONCEPCION, J.:
The Solicitor General seeks the reversal of a decision of the Court of First Instance of Manila granting the petition for naturalization of appellee Harry Ong Ping Seng.
Appellant maintains that the lower court erred in not finding: (1) that appellee’s petition is invalid; (2) that he is not a person of good moral character; (3) that he has neither mingled socially with the Filipinos nor evinced a sincere desire to embrace the customs, traditions and ideals of the Filipinos; and (4) that he does not speak and write Tagalog.
Upon a review of the record we find that the appeal is well taken, for: (a) in the statement for the payment of his additional residence certificate for the year 1961, appellee declared that his gross income for the preceding year 1960 was only P8,800 (see Exhibit L-1), although the amount set forth in his income tax return for that year is P13,172.85, thus showing that his moral character is not as good as it should be; (b) his three (3) children were enrolled in a school run and operated by Chinese citizens, the student body of which consists mainly of Chinese nationals — the Hope Christian High School at 1242 Benavides Street, Manila, whose principal teacher is S. H. Wang — thus indicating that petitioner has not evinced a sincere desire to mingle socially with the Filipinos and to embrace their customs, traditions and ideals; (c) the test to which he was submitted in the lower court did not satisfactorily establish that he had sufficient knowledge of the Tagalog dialect, the local principal language which he claims to speak and write; and (d) appellee’s petition for naturalization states, as regards his residence, "1643 Zurbaran Street, Sta. Cruz, Manila and former residences were 323-B Zurbaran, Sta. Cruz, Manila", notwithstanding the fact that prior thereto he had, also, resided in other places in Manila — No. 285 Blumentritt, No. 631 Mayhaligue, and No. 589 Gandara — thereby violating Section 7 of the Revised Naturalization Law (Comm. Act No. 473, as amended), which requires that the petitioner for naturalization should give not only his present address, but, also, his former places of residence, thus warranting denial of the petition for naturalization (see Ong Tai v. Republic, G.R. No. L-19418, December 23, 1964; Qua v. Republic, G.R. No. L-19834, October 27, 1964, Gaw Ching v. Republic, G.R. No. L- 19419, September 30, 1964; Ngo v. Republic, G.R. No. L-18319, May 31, 1963; Sehwani v. Republic, G. R. No. L-18219, December 27, 1963; Go Bon The v. Republic, G.R. No. L-16813, December 27, 1963; Koa Gui v. Republic, G.R. No. L-13717, July 31, 1962; Keng Giok v. Republic, G.R. No. L-13347, August 31, 1961; Pidelo v. Republic, G.R. No. L-7796, September 29, 1955).
WHEREFORE, the decision appealed from is hereby reversed and appellee’s petition, accordingly, dismissed, with costs against him. It is so ordered.
Bengzon, C.J., Bautista Angelo, Reyes, J.B.L., Barrera, Paredes, Regala, Makalintal, Bengzon, J.P. and Zaldivar, JJ., concur.
Dizon, J., took no part.
Appellant maintains that the lower court erred in not finding: (1) that appellee’s petition is invalid; (2) that he is not a person of good moral character; (3) that he has neither mingled socially with the Filipinos nor evinced a sincere desire to embrace the customs, traditions and ideals of the Filipinos; and (4) that he does not speak and write Tagalog.
Upon a review of the record we find that the appeal is well taken, for: (a) in the statement for the payment of his additional residence certificate for the year 1961, appellee declared that his gross income for the preceding year 1960 was only P8,800 (see Exhibit L-1), although the amount set forth in his income tax return for that year is P13,172.85, thus showing that his moral character is not as good as it should be; (b) his three (3) children were enrolled in a school run and operated by Chinese citizens, the student body of which consists mainly of Chinese nationals — the Hope Christian High School at 1242 Benavides Street, Manila, whose principal teacher is S. H. Wang — thus indicating that petitioner has not evinced a sincere desire to mingle socially with the Filipinos and to embrace their customs, traditions and ideals; (c) the test to which he was submitted in the lower court did not satisfactorily establish that he had sufficient knowledge of the Tagalog dialect, the local principal language which he claims to speak and write; and (d) appellee’s petition for naturalization states, as regards his residence, "1643 Zurbaran Street, Sta. Cruz, Manila and former residences were 323-B Zurbaran, Sta. Cruz, Manila", notwithstanding the fact that prior thereto he had, also, resided in other places in Manila — No. 285 Blumentritt, No. 631 Mayhaligue, and No. 589 Gandara — thereby violating Section 7 of the Revised Naturalization Law (Comm. Act No. 473, as amended), which requires that the petitioner for naturalization should give not only his present address, but, also, his former places of residence, thus warranting denial of the petition for naturalization (see Ong Tai v. Republic, G.R. No. L-19418, December 23, 1964; Qua v. Republic, G.R. No. L-19834, October 27, 1964, Gaw Ching v. Republic, G.R. No. L- 19419, September 30, 1964; Ngo v. Republic, G.R. No. L-18319, May 31, 1963; Sehwani v. Republic, G. R. No. L-18219, December 27, 1963; Go Bon The v. Republic, G.R. No. L-16813, December 27, 1963; Koa Gui v. Republic, G.R. No. L-13717, July 31, 1962; Keng Giok v. Republic, G.R. No. L-13347, August 31, 1961; Pidelo v. Republic, G.R. No. L-7796, September 29, 1955).
WHEREFORE, the decision appealed from is hereby reversed and appellee’s petition, accordingly, dismissed, with costs against him. It is so ordered.
Bengzon, C.J., Bautista Angelo, Reyes, J.B.L., Barrera, Paredes, Regala, Makalintal, Bengzon, J.P. and Zaldivar, JJ., concur.
Dizon, J., took no part.
