April 1966 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-20016 April 29, 1966 IN RE: EMMANUEL YU NAM v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. L-20016. April 29, 1966.]
In the matter of the petition for admission as a citizen of the Philippines. EMMANUEL YU NAM, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Solicitor General Arturo A. Alafriz, Assistant Solicitor General Pacifico P. de Castro & Solicitor P. A. Ramirez, for Oppositor-Appellant.
Nicolas Jumapao, for Petitioner-Appellee.
SYLLABUS
1. NATURALIZATION; OMISSION OF ALL NAMES USED BY PETITIONER IS FATAL. — Where the petition alleged that applicant’s full name is Emmanuel Yu Nam and the petition was published under such name, but the birth certificate shows that he is Emmanuel Ong and his School records listed as Manuel Ong, which names were never mentioned in the petition, the denial of the application for naturalization is proper because such omission taints the whole proceedings to such extent as practically to deprive the court of jurisdiction over the matter.
2. ID.; ID.; PUBLICATION; PETITION MUST BE PUBLISHED UNDER APPLICANT’S TRUE NAME; RATIONALE THEREFOR. — Publication of petition for naturalization is the primordial step in naturalization proceedings. Its purpose is to apprise the public of the pendency of the petition so that those who may know of any legal objection to it may come forward with the information in order to determine the fitness of petitioner for Philippine citizenship. A publication that fails to give the applicant’s true name does not afford sufficient notice of the filing of the petition and is misleading to the public, end persons who might have derogatory information against him might not come forward with it in the belief that the applicant is some one else, thus defeating the purpose of publication and the road would be laid open to fraudulent subterfuges through the use of aliases.
2. ID.; ID.; PUBLICATION; PETITION MUST BE PUBLISHED UNDER APPLICANT’S TRUE NAME; RATIONALE THEREFOR. — Publication of petition for naturalization is the primordial step in naturalization proceedings. Its purpose is to apprise the public of the pendency of the petition so that those who may know of any legal objection to it may come forward with the information in order to determine the fitness of petitioner for Philippine citizenship. A publication that fails to give the applicant’s true name does not afford sufficient notice of the filing of the petition and is misleading to the public, end persons who might have derogatory information against him might not come forward with it in the belief that the applicant is some one else, thus defeating the purpose of publication and the road would be laid open to fraudulent subterfuges through the use of aliases.
D E C I S I O N
BENGZON, J.:
The Republic challenges the correctness of the decision of the Cebu Court of First Instance granting the petition for naturalization of Emmanuel Yu Nam.
Several errors are assigned in its printed brief, the most important of which refers to petitioner’s use of aliases without judicial authority.
Indeed the petition alleges that applicant’s full name is Emmanuel Yu Nam; and such petition was published under such name. However, his birth certificate shows that he is Emmanuel Ong, and his school records listed him as Manuel Ong and under our rulings, such omission taints the whole proceeding, to such extent as practically to deprive the court of jurisdiction over the matter.
In a case 1 where the petition was filed in the name of Celerino Yu Seco, although the petitioner’s real name was Celerino S. Yu, and the publication referred to the former name, this Court declined to approve the grant of naturalization explaining, through Mr. Justice J. B. L. Reyes.
". . . his petition was however filed in the name of Celerino Yu Seco and accordingly, the publication of the notice of the filing of said petition shows the name of Celerino Yu Seco as the applicant and not Celerino S. Yu. We think this publication does not afford sufficient notice of the filing of the petition and is misleading to the public. The purpose of the requirement of publication is "to apprise the public of the pendency of the petition so that those who may know of any legal objection to it might come forward with the information in order to determine the fitness of petitioner for Philippine citizenship" (Ng Bui Kui v. Republic, G.R. No. L-11172, Dec. 22, 1958). If petitioner’s true name is Celerino S. Yu, while the notices published give his name as Celerino Yu Seco, persons who might have derogatory information against Celerino S. Yu, might not come forward with it in the belief that Celerino S. Yu Seco, the applicant, is some one else. The purpose of the publication would thus be defeated, and the road would be laid open to fraudulent subterfuges through the use of aliases . . ."cralaw virtua1aw library
The foregoing considerations are self-evident; and proper publication of the petition being a primordial step in proceedings of this nature, we are impelled to reverse the judgment. Without further going into the merit of the other objections raised by the Republic.
Accordingly, the petition for citizenship is denied, with costs.
Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala and Makalintal, JJ., concur.
Bengzon, J.P., Zaldivar and Sanchez, JJ., took no part.
Several errors are assigned in its printed brief, the most important of which refers to petitioner’s use of aliases without judicial authority.
Indeed the petition alleges that applicant’s full name is Emmanuel Yu Nam; and such petition was published under such name. However, his birth certificate shows that he is Emmanuel Ong, and his school records listed him as Manuel Ong and under our rulings, such omission taints the whole proceeding, to such extent as practically to deprive the court of jurisdiction over the matter.
In a case 1 where the petition was filed in the name of Celerino Yu Seco, although the petitioner’s real name was Celerino S. Yu, and the publication referred to the former name, this Court declined to approve the grant of naturalization explaining, through Mr. Justice J. B. L. Reyes.
". . . his petition was however filed in the name of Celerino Yu Seco and accordingly, the publication of the notice of the filing of said petition shows the name of Celerino Yu Seco as the applicant and not Celerino S. Yu. We think this publication does not afford sufficient notice of the filing of the petition and is misleading to the public. The purpose of the requirement of publication is "to apprise the public of the pendency of the petition so that those who may know of any legal objection to it might come forward with the information in order to determine the fitness of petitioner for Philippine citizenship" (Ng Bui Kui v. Republic, G.R. No. L-11172, Dec. 22, 1958). If petitioner’s true name is Celerino S. Yu, while the notices published give his name as Celerino Yu Seco, persons who might have derogatory information against Celerino S. Yu, might not come forward with it in the belief that Celerino S. Yu Seco, the applicant, is some one else. The purpose of the publication would thus be defeated, and the road would be laid open to fraudulent subterfuges through the use of aliases . . ."cralaw virtua1aw library
The foregoing considerations are self-evident; and proper publication of the petition being a primordial step in proceedings of this nature, we are impelled to reverse the judgment. Without further going into the merit of the other objections raised by the Republic.
Accordingly, the petition for citizenship is denied, with costs.
Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala and Makalintal, JJ., concur.
Bengzon, J.P., Zaldivar and Sanchez, JJ., took no part.
Endnotes:
1. Yuseco v. Republic, L-13441, June 30, 1960.
