G.R. No. L-12494; August 31, 1959
KIAT CHUN TAN, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Kiat Chun Tan, a Chinese subject, filed his second application for Philippine citizenship in 1956 after his first application in 1949 was denied due to his failure to file a required declaration of intention. The Court of First Instance of Sulu granted his application, finding he met all qualifications under the Naturalization Law. However, the Solicitor-General opposed, citing Tan’s admission that, despite being a Chinese subject, he voted in the 1946 elections—an act constituting an offense under Section 56 of the Election Law. The Solicitor-General referenced prior cases (Leoncio Ho Benluy and Go vs. Republic) where naturalization was denied for identical violations, based on the requirement that applicants conduct themselves “in a proper and irreproachable manner.”

ISSUE

Whether Kiat Chun Tan is disqualified from naturalization due to his violation of the Election Law by voting as a Chinese subject in the 1946 elections.

RULING

The Supreme Court denied Tan’s application for naturalization and reversed the lower court’s decision. The Court held that Tan’s act of voting while a Chinese subject constituted a serious offense under the Election Law, demonstrating a failure to conduct himself “in a proper and irreproachable manner” as required by Commonwealth Act No. 473, Section 2. This disqualification aligns with precedents in Leoncio Ho Benluy and Go vs. Republic, where identical violations barred naturalization. The Court rejected Tan’s alternative claim of being a Filipino due to his Chinese-Mestizo father and unmarried Filipino mother, noting his own witness affirmed his parents were married and Tan had sworn in both petitions to being a Chinese subject. Costs were imposed against Tan.