G.R. No. L-17919, July 30, 1966
IN THE MATTER OF THE PETITION OF LIM QUICO TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. GO IM TY, petitioner and appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor and appellant.

FACTS

Lim Quico filed a petition for naturalization on August 6, 1956. The Court of First Instance of Cebu granted the petition on February 20, 1958, subject to compliance with Republic Act No. 530 . No appeal was taken from this decision. Before the expiration of the two-year period under R.A. No. 530 , Lim Quico died on November 13, 1959. On July 9, 1960, his widow, Go Im Ty, filed a motion to continue the proceedings under Section 16 of Commonwealth Act No. 473 (the Revised Naturalization Law). The lower court allowed the continuation. On September 14, 1960, evidence was presented showing that during the two-year period, Lim Quico had not left the Philippines, had continuously engaged in a lawful calling, and had not been convicted of any offense or committed any act prejudicial to the nation. Evidence also showed that his widow, Go Im Ty, had continuously resided in Cebu and had not been convicted of any offense. The evidence was intended principally to prove compliance with R.A. No. 530 , and no evidence was presented to prove that Go Im Ty possessed all the qualifications and none of the disqualifications for citizenship under C.A. No. 473 . On October 14, 1960, the lower court issued an order granting Philippine citizenship to Go Im Ty, finding nothing to show she was disqualified under Section 4 of the Revised Naturalization Law. She took her oath of allegiance the following day. The Republic appealed.

ISSUE

Whether the lower court erred in granting Philippine citizenship to Go Im Ty, the widow of the original petitioner Lim Quico, based solely on the finding that she had none of the disqualifications under Section 4 of C.A. No. 473 , without requiring proof that she possessed all the qualifications under Section 2 of the same law.

RULING

Yes. The Supreme Court reversed the lower court’s order and the original decision granting citizenship to Lim Quico. The Court held that under Section 15 of C.A. No. 473 , an alien woman married to a citizen is deemed a citizen only if she “might herself be lawfully naturalized.” This requires that she must not only be free from the disqualifications under Section 4 but must also possess all the qualifications prescribed in Section 2 of the law. A long line of decisions established that the alien wife must prove she has all qualifications and none of the disqualifications. Go Im Ty failed to present evidence that she possessed all the qualifications for naturalization; the evidence presented was only to show compliance with R.A. No. 530 and absence of disqualifications. Therefore, the lower court erred in granting her citizenship. Furthermore, the Court noted a fatal defect in Lim Quico’s original petition: it failed to state the street and house number of his former residence in Manila, a non-compliance with Section 7 of C.A. No. 473 , which is a sufficient ground for denial. As the case was on appeal, it was open for review in its entirety. The Court reversed the 1958 decision granting Lim Quico citizenship, denied his petition, reversed the October 14, 1960 order, declared Go Im Ty’s oath of allegiance and certificate of naturalization of no legal effect, and cancelled her certificate.