Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1967 > October 1967 Decisions > G.R. No. L-23181 October 24, 1967 - IN RE: TAN SEN v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-23181. October 24, 1967.]

IN THE MATTER OF THE PETITION FOR PHILIPPINE CITIZENSHIP, TAN SEN alias CAYETANO TAN alias CAYETANO TAN PAO HO alias TAN PAO HU, Petitioner-Appellee, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.

A.J. Abardri for petitioner and appellee.

The Solicitor General for oppositor and appellant.


SYLLABUS


1. NATURALIZATION; NEWSPAPER OF GENERAL CIRCULATION; POSITIVE EVIDENCE REQUIRED. — A mere affidavit executed by a newspaper Editor to the effect that his newspaper is of general circulation is not sufficient proof that there has been compliance with the law. Positive evidence must be presented to prove that the newspaper is of general circulation in the province where petitioner resides, and it is incumbent upon petitioner to present such evidence.

2. ID.; LUCRATIVE INCOME; SUDDEN INCREASE OF INCOME; EFFECT. — A sudden increase of petitioner’s income by more than 100% over his previous average income creates a suspicion that the new income was intended to cure the deficiency for purposes of naturalization.

3. ID.; UNAUTHORIZED USE OF ALIAS; EFFECT. — The admitted use of three alias by the petitioner, in the absence of evidence showing that said use has been judicially authorized is a clear violation of the Anti-Alias Law, and justifies a denial of his application for naturalization.


D E C I S I O N


MAKALINTAL, J.:


Appeal by the Solicitor General from the decision of the Court of First Instance of Misamis Occidental (Case No. 109) granting appellee’s petition for naturalization. Petitioner-appellee submitted the case without filing any brief in reply to that of Appellant.

Petitioner in a native of China, born on February 5, 1919 at Lamua, Amoy. He arrived in the Philippines on August 1, 1931 on board the vessel "Ang Kin", and since then did not leave the country up to the time he filed his petition. He is married to Sy Sen alias Sima, likewise a Chinese citizen, by whom he has three children, namely, Lilia, Betty and Wayne, the first two being enrolled at the Misamis Chinese High School and the third at the Immaculate Concepcion College. At the time of the hearing petitioner and his family were residing at Sinacaban, Misamis Occidental, where he was engaged in the business of buying and selling copra. According to his petition filed August 9, 1961, his average annual net income was more than P4,000. During the hearing he testified in English and spoke and wrote a few sentences in the Visayan dialect. Two witnesses, Jose Contreras and Telesforo Simbajon, vouched for the good moral character of the petitioner.

The Solicitor General submits that the lower court erred: (1) in not finding that the notice and publication requirements of the law were not complied with; (2) in not finding that petitioner has no lucrative income; and (3) in not finding that petitioner has not conducted himself in a proper and irreproachable manner, because of his use of aliases without judicial authority.

On the first point, the question is whether the newspaper "Nueva Era" was of general circulation in the province of Misamis Occidental. There is no evidence to this effect other than the affidavit of the publisher that the "Nueva Era" was of general circulation in the Philippines. Such kind of evidence has been held to be insufficient. Thus in the case of Tan Ten Koc v. Republic, G.R. No. L-18344, February 28, 1964, this Court said:jgc:chanrobles.com.ph

"The law requires that the newspaper in which the petition for naturalization is to be published must be of general circulation in the province where petitioner resides. While, in the instant case, there is an affidavit executed by the Editor of the Nueva Era to the effect that the said newspaper is of general circulation in the Philippines, this statement is not sufficient proof that there has been compliance with the law. Positive evidence must be presented to prove that the Nueva Era is of general circulation in Samar, and it is incumbent upon petitioner to present such evidence.

"The purpose of the law in requiring publication of the notice is to inform those officers and the public in general of the filing of such a petition in order that the public officers and private citizens supposed to be acquainted with the petitioner may furnish the Solicitor General or the provincial fiscal with such necessary information and evidence as there may be against the petitioner (Anti- Chinese League of the Phil. v. Alfonso Felix, etc., Et Al., G.R. No. L-998, February 20, 1947, 77 Phil. 1012). Considering then that the Nueva Era is published in Spanish and not in English or in the dialect of Samar, which are more commonly used in petitioner’s province of residence, and that there has been no positive and direct proof that it is generally circulated in said province, the publication made therein may not be taken as having served the objective of the law."cralaw virtua1aw library

On the issue of petitioner’s income, his tax return for 1961 shows a net amount of P3,037.44, derived as his salary from Ramon Tan Kee Tu & Co., and as profit from Lim’s Sing Rice Mill in Zamboanga del Sur. Surprisingly enough, his income from the same sources in 1962 aggregated over P10,000.00, aside from a bonus of P1,000.00 - something he did not receive the previous year. As pointed out by the Solicitor General, the sudden increase by more than 100% over the previous average gives rise to the suspicion that it was intended to cure the deficiency for purposes of naturalization.

The third point raised by the Solicitor General is even more fatal to petitioner’s position. He admits that he uses three aliases, namely: "Cayetano Tan", "Cayetano Tan Pao Hu" and "Tan Pao Hu." In his marriage certificate (Exh. E) petitioner used the name "Tan Pau Hu." The same name appears in the birth certificates (Exhs. F and F-1) of his children Lilia and Wayne, while in that of Betty Tan (Exh. F-2), the name is "Tan Sen." There is no evidence that petitioner has been judicially authorized to use the aliases above mentioned. This is a clear violation of the Anti-Alias Law (Commonwealth Act No. 142), which justifies denial of his application for naturalization (Ong Hock Lian v. Republic, supra; Wang I Fu v. Republic, L-15819, September 29, 1962; Koa Gui v. Republic, supra; Lim Bun v. Republic, L-17317, April 26, 1961; and Ng Liam Keng v. Republic, L-14146, April 29, 1961).

Wherefore, the judgment appealed from is reversed and the petition is denied, with costs.

Concepcion, C.J., Reyes, J.B.L., Dizon, Bengzon, J.P., Zaldivar, Sanchez, Castro, Angeles and Fernando, JJ., concur.




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






October-1967 Jurisprudence                 

  • G.R. No. L-27583 October 10, 1967 - MARGARITO J. LOFRANCO v. JESUS JIMENEZ, SR.

  • Adm. Case No. 528 October 11, 1967 - ANGEL ALBANO v. PERPETUA COLOMA

  • G.R. No. L-16315 October 10, 1967 - COMMISSIONER OF INTERNAL REVENUE v. HAWAIIAN-PHILIPPINE COMPANY

  • G.R. No. L-23124 October 11, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. MANILA PORT SERVICE, ET AL.

  • G.R. Nos. L-23638 and L-23662 October 12, 1967 - DIONISIO FERNANDEZ, ET AL. v. ISMAELA DIMAGIBA

  • G.R. No. L-27394 October 13, 1967 - ARMANDO V. AMPIL v. CORAZON JULIANO- AGRAVA, ET AL.

  • G.R. No. L-27516 October 19, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-28071 October 13, 1967 - PHILIPPINE ASSOCIATION OF FREE LABOR UNIONS, ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • A.C. No. 736 October 23, 1967 - MANUEL R. GO v. ROMULO CANDOY

  • G.R. No. L-19804 October 23, 1967 - LEON BALBAS, ET AL. v. MELECIO R. DOMINGO

  • G.R. No. L-24693 October 23, 1967 - ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSOCIATION, INC., ET AL. v. CITY MAYOR OF MANILA

  • G.R. No. L-25162 October 23, 1967 - CHAMPION AUTO SUPPLY CO., INC. v. BUREAU OF CUSTOMS, ETC.

  • G.R. No. L-25362 October 23, 1967 - HARTFORD FIRE INSURANCE CO. v. CUSTOMS ARRASTRE SERVICE, ET AL.

  • G.R. No. L-25477 October 23, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. REPUBLIC OF THE PHIL.

  • G.R. No. 25478 October 23, 1967 - AMERICAN INSURANCE COMPANY v. REPUBLIC OF THE PHIL, ET AL.

  • G.R. No. L-25784 October 23, 1967 - FIREMEN’S INSURANCE COMPANY v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-25871 October 23, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-26618 October 23, 1967 - FIREMAN’S FUND INSURANCE COMPANY v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-27077 October 23, 1967 - NORTHERN ASSURANCE COMPANY, LTD. v. REPUBLIC OF THE PHIL., ET AL.

  • G.R. No. L-23181 October 24, 1967 - IN RE: TAN SEN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-18440 October 25, 1967 - HAWAIIAN-PHILIPPINE COMPANY v. AUDITOR GENERAL OF THE PHIL.

  • G.R. No. L-24757 October 25, 1967 - MARCOS B. COMILANG v. GENEROSO A. BUENDIA, ET AL.

  • G.R. No. L-28089 October 25, 1967 - BARA LIDASAN v. COMMISSION ON ELECTIONS

  • G.R. No. L-21069 October 26, 1967 - MANILA SURETY & FIDELITY COMPANY, INC. v. RODOLFO R. VELAYO

  • G.R. No. L-22488 October 26, 1967 - MATEO C. BACALSO, ET AL. v. MODESTO R. RAMOLETE, ET AL.

  • G.R. No. L-22371 October 26, 1967 - PEOPLE OF THE PHIL. v. MARIANO DAGA

  • G.R. No. L-22392 October 26, 1967 - RURAL TRANSIT EMPLOYEES’ ASSOCIATION v. BACHRACH MOTOR CO., INC., ET AL.

  • G.R. Nos. L-24844 and L-24853 October 26, 1967 - MACARIO AROCHA v. MARTINIANO VIVO, ETC., ET AL.

  • G.R. No. L-19012 October 30, 1967 - VICTORIA JULIO v. EMILIANO DALANDAN, ET AL.

  • G.R. No. L-20175 October 30, 1967 - MARIA A. GARCIA, ET AL. v. RITA LEGARDA, INC.

  • G.R. No. L-20432 October 30, 1967 - JOSE MANALANG, ET AL. v. ARTEX DEVELOPMENT CO., INC., ET AL.

  • G.R. No. L-20911 October 30, 1967 - PEOPLE OF THE PHIL. v. SULPICIO DE LA CERNA, ET AL.

  • G.R. No. L-22082 October 30, 1967 - PEOPLE OF THE PHIL. v. ISABEL P. DEL CARMEN

  • G.R. No. L-23715 October 30, 1967 - STATE BONDING & INSURANCE CO., INC. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-23797 October 30, 1967 - JUAN E. SEVILLA v. LEONCIO PARINA, ET AL.

  • G.R. No. L-23811 October 30, 1967 - PHILIPPINE EDUCATION CO., INC. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-27341 October 30, 1967 - IN RE: P.J. KIENER COMPANY, LTD., ET AL.

  • G.R. No. L-28055 October 30, 1967 - REPUBLIC OF THE PHIL. v. DELFIN MONTANO, ET AL.

  • G.R. No. L-21258 October 31, 1967 - FILIPINAS LIFE ASSURANCE COMPANY v. COURT OF TAX APPEALS, ET AL.

  • G.R. No. L-22459 October 31, 1967 - ANTONIO V. ROQUE v. BIENVENIDO P. BUAN, ET AL.

  • G.R. No. L-22555 October 31, 1967 - PHILIPPINE IRON MINES, INC. v. TOMAS ABEAR, ET AL.

  • G.R. No. L-23090 October 31, 1967 - PANGASINAN TRANSPORTATION CO., INC. v. NICASIO A. YATCO, ET AL.

  • G.R. No. L-20303 October 31, 1967 - REPUBLIC SAVINGS BANK v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-20346 October 31, 1967 - CITY MAYOR, ET AL. v. CHIEF PHILIPPINE CONSTABULARY, ET AL.

  • G.R. No. L-21473 October 31, 1967 - PERFECTO D. KORDOVEZ v. SOFRONIO C. CARMONA

  • G.R. No. L-21556 October 31, 1967 - PHILIPPINE SURETY & INSURANCE CO., INC. v. BEATRIZ ZABAL

  • G.R. No. L-22206 October 31, 1967 - FRANKLIN BAKER COMPANY OF THE PHIL. v. FLORENCIO DIAMANTE, ET AL.

  • G.R. No. L-22538 October 31, 1967 - PHILIPPINE NATIONAL BANK v. PRIMITIVA MALLORCA

  • G.R. No. L-22576 October 31, 1967 - ALPHA INSURANCE & SURETY CO. v. MANILA PORT SERVICE, ET AL.

  • G.R. No. L-23566 October 31, 1967 - ELENA L. GARCIA v. ANTONIO J. VILLEGAS, ET AL.

  • G.R. No. L-23636 October 31, 1967 - TABACALERA INSURANCE COMPANY v. MANILA RAILROAD COMPANY, ET AL.

  • G.R. No. L-23848 October 31, 1967 - PORFIRIO RILLORAZA v. PEDRO ARCIAGA, ETC., ET AL.

  • G.R. No. L-24154 October 31, 1967 - PEOPLE OF THE PHIL. v. GREGORIO D. MONTEJO, ET AL.

  • G.R. No. L-22357 October 31, 1967 - PEOPLE OF THE PHIL. v. FELIPE GUMAHIN

  • G.R. No. L-23196 October 31, 1967 - LAUREANO OLIVA v. NICOLAS V. LAMADRID, ET AL.

  • G.R. No. L-23300 October 31, 1967 - ANDRES MANARPAAC, ET AL. v. ROSALINO CABANATAN, ET AL.

  • G.R. No. L-23395 October 31, 1967 - AUYONG HIAN v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-25945 October 31, 1967 - NORBERTO B. PAA v. QUINTIN CHAN

  • G.R. No. L-24106 October 31, 1967 - INSURANCE COMPANY OF NORTH AMERICA v. WARNER, BARNES & CO., LTD., ET AL.