GR L 20151; (March, 1965) (Digest)
G.R. No. L-20151; March 31, 1965
IN THE MATTER OF THE PETITION OF LEE NG LEN TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. LEE NG LEN, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Petitioner-appellee Lee Ng Len filed an application for naturalization in the Court of First Instance of Manila. He was born in Pasay City on July 4, 1939, to Chinese parents and had resided continuously in the Philippines since birth. He completed his primary education at the Manila Chinese School and his secondary education at the University of Sto. Tomas, and was studying at the Mapua Institute of Technology at the time of his application. The lower court declared him qualified for citizenship. The Republic of the Philippines appealed the decision.
ISSUE
The primary issue is whether the petitioner-appellee was exempt from filing a declaration of intention, a requirement under the Naturalization Law. Subsidiary issues involve compliance with other procedural requirements for naturalization.
RULING
The Supreme Court reversed the lower court’s decision and dismissed the petition for naturalization. The Court held:
1. The petitioner was not exempt from filing a declaration of intention. Under Section 6 of the Naturalization Law, for a Philippine-born applicant to be exempt, they must have received both primary and secondary education in public schools or those recognized by the Government and not limited to any race or nationality. The petitioner’s primary school, Manila Chinese School, based on its name and jurisprudence, was considered limited to Chinese students. The petitioner failed to prove it was not so limited or that it was regularly attended by a sizeable number of Filipino students. Therefore, he was required to file a declaration of intention, which he did not do.
2. The petition was fatally defective for failing to specify all of the petitioner’s former places of residence, as he only listed his present dwelling place at 479 Herran, Manila, despite having previously resided at 145 Herran, Manila; 806 Sta. Mesa, Manila; and Pasay City.
3. The petition was also defective for failing to disclose that the petitioner was also known by the names “Allen N. Lee” and “Allen Ng Lee,” as shown in his school certificates. This failure tainted the publication of his application, which was made only under the name “Lee Ng Len.”
The Court emphasized that naturalization is a high privilege requiring strict compliance with the law, and the absence of opposition does not relieve the court from its duty to scrutinize the record.