G.R. No. L-18344, February 28, 1964
IN THE MATTER OF THE PETITION OF TAN TEN KOC TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. TAN TEN KOC, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner Tan Ten Koc, a Chinese citizen, arrived in the Philippines in 1927 and has resided in Catbalogan, Samar since. He initially worked as a salesman before establishing his own store in 1945. He is married to a Chinese citizen, with whom he has twelve children, all of whom attended government-recognized schools, though two stopped their studies—one due to marriage and the other due to alleged illness. Petitioner filed a petition for naturalization, presenting evidence of his good moral character, belief in Philippine constitutional principles, and social mingling with Filipinos. The Court of First Instance of Samar granted his petition.
The Solicitor General appealed, assigning three errors: first, that the publication of the petition in the Spanish-language newspaper “Nueva Era” did not satisfy the legal requirement for a newspaper of general circulation in Samar; second, that petitioner’s annual income of P4,000 was not lucrative given his large family; and third, that petitioner was not exempt from filing a declaration of intention because he failed to ensure all his children completed their secondary education.

ISSUE

Whether the Court of First Instance erred in granting Tan Ten Koc’s petition for naturalization.

RULING

Yes, the lower court erred. The Supreme Court reversed the decision and dismissed the petition. On the first error, the publication in “Nueva Era” was non-compliant. Commonwealth Act No. 473 requires publication in a newspaper of general circulation in the province of residence. The affidavit from the newspaper’s editor stating it had general circulation in the Philippines was insufficient; positive proof of its circulation in Samar was required. As a Spanish-language paper not published in the local dialect or English, it likely failed to inform the local community effectively, defeating the law’s purpose of notifying the public and officials who might have relevant information about the applicant.
On the second error, petitioner’s income was not lucrative. With a wife and twelve children to support, an annual income of P4,000 was deemed insufficient, following precedent where even a higher income for a smaller family was considered inadequate. On the third error, petitioner failed to qualify for exemption from filing a declaration of intention. Commonwealth Act No. 535 requires an applicant exempt under such provisions to have given all his children primary and secondary education in recognized schools. Two children did not complete their schooling. The reasons given—marriage and illness—were unsatisfactory, especially for the child who married, indicating a lack of sincere commitment to the educational integration required by law. Naturalization is a statutory privilege demanding strict compliance with all legal requirements, which petitioner failed to meet.