G.R. No. L-4404; August 21, 1952
SY KIAP, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Sy Kiap, born in China, arrived in the Philippines in 1909. He is married with eight children, all born in China. In 1948, his wife and two children arrived in the Philippines, and he enrolled these two children in local schools. However, his other six children, including four of age and two under age, remained in China and had never been to the Philippines. Sy Kiap filed an application for naturalization, which was granted by the trial court.

ISSUE

Whether Sy Kiap is exempt from filing a declaration of intention to become a citizen, as required by the Naturalization Law, based on his enrollment of some of his minor children in Philippine schools.

RULING

No. The Supreme Court reversed the decree of naturalization. The enrollment of minor children in government-approved schools is a requirement for exemption from filing a declaration of intention, intended to test an applicant’s bona fide intention to embrace Philippine citizenship and institutions. Sy Kiap failed to comply because he did not enroll all his minor children residing in the Philippines; his other minor children remained in China. His stated reasons for keeping them in China—cheaper cost of living and alleged prevention by immigration laws—were inconsistent with his claimed long-standing purpose to become a citizen and his financial ability to bring them to the Philippines before immigration quotas were imposed. Consequently, he did not qualify for the exemption under Section 6 of Commonwealth Act No. 473 , as amended, and was not entitled to naturalization.