GR 5522; (December, 1933) (Digest)
G.R. No. 5522 December 21, 1953
In the matter of the petition for naturalization of LEONCIO HO BENLUY. LEONCIO HO BENLUY, petitioners-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
FACTS
Leoncio Ho Benluy, a Chinese citizen, filed an application for naturalization. At the hearing, his own character witness, Atty. Marcial M. Anastacio, testified that Benluy had actively participated in the 1947 and 1949 elections in Bulacan by contributing campaign funds to the Liberal Party and personally persuading voters. This testimony prompted the Solicitor General to file a written opposition. The trial court denied the application for naturalization.
ISSUE
Whether Benluy is disqualified from being naturalized as a Filipino citizen due to his violation of the election law prohibiting foreigners from taking part in elections.
RULING
Yes. The Supreme Court affirmed the denial of the petition. While Benluy possessed all other qualifications and the evidence of his political activities was presented by his own witness in good faith, the law is clear. Section 56 of the Revised Election Code expressly prohibits any foreigner from aiding any candidate or taking part in any election. Violation is a serious election offense punishable by imprisonment and deportation. The Court held that this legal disqualification must be applied and enforced, notwithstanding the applicant’s apparent ignorance of the law or the circumstances under which the evidence was presented.
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