GR L 19832; (August, 1966) (Digest)
G.R. No. L-19832; August 23, 1966
IN THE MATTER OF THE PETITION FOR ADMISSION AS CITIZEN OF THE PHILIPPINES. BERNARDO YAP, petitioner and appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor and appellant.
FACTS
Bernardo Yap, a Chinese citizen, filed a petition for naturalization in the Court of First Instance of Cebu. He alleged continuous residence in the Philippines for at least 22 years, with his place of residence as Capitol Road, Cebu City, and a former residence at 247 Manalili Street, Cebu City. He claimed to be a single sales agent for Wan Tay Trading with an average annual income of P2,400, possessed of good moral character, belief in Philippine constitutional principles, and social mingling with Filipinos. At the hearing, he testified he was born in Cebu City, studied at recognized schools including the University of Sto. Tomas and University of San Carlos, and had resided in Bohol during the Japanese occupation when he was a small child—a fact not stated in his petition. His two character witnesses testified to his good moral character and conduct. The lower court granted the petition, finding he possessed all qualifications and none of the disqualifications under Commonwealth Act 473. The Republic appealed.
ISSUE
Is the petitioner entitled to become a Filipino citizen?
RULING
No. The Supreme Court reversed the lower court’s decision and denied the petition. The Court held that the petitioner failed to comply with essential requirements of the Revised Naturalization Law. First, he fatally omitted to state his former residence in Bohol in his petition, violating Section 7 of Commonwealth Act 473, which requires disclosure of all previous residences to facilitate investigation into his fitness for citizenship. This omission cannot be cured at trial and indicates a lack of good moral character. Second, the evidence of his good repute and irreproachable conduct was insufficient, as his character witnesses had no personal knowledge of his conduct during his period of study in Manila. Additionally, his failure to amend his Alien Certificate of Registration after changing his address and employment violated the Alien Registration Act, indicating improper conduct. Third, there was insufficient evidence to prove his employment was lucrative; his uncorroborated testimony and that of his alleged employer regarding his salary were deemed unreliable, especially given his status as a full-time student. The Court emphasized that Philippine citizenship is a high privilege requiring strict compliance with all legal requirements.
