G.R. No. L-21558 January 30, 1970
IN RE: PETITION FOR NATURALIZATION. LUCIO TAN TIU alias TIU PING SING and LUCIO TIU IMSONG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Lucio Tan Tiu filed a petition for naturalization in the Court of First Instance of Surigao del Norte. In his petition, he averred that he had “resided, continuously in the Philippines, particularly at Numancia, Surigao, since my birth,” and stated his present place of residence as Numancia, Surigao. However, during his testimony, he stated that he had actually resided in Dapa, Surigao, from his birth on September 12, 1927, until 1949, when he moved to Numancia, Surigao. Furthermore, the alien certificates of registration of his children, born between 1951 and 1960, indicated they were all born in and resided in Cebu City and Dapa, Surigao.

ISSUE

Whether the petitioner’s failure to state in his naturalization petition all his present and former places of residence, as required by Section 7 of the Revised Naturalization Act, is a fatal defect that deprives the court of jurisdiction.

RULING

Yes. The Supreme Court reversed the lower court’s judgment granting naturalization and denied the petition. The Court held that the term “residence” encompasses all places where the petitioner actually and physically resided, whether permanent or temporary. The petitioner’s failure to specify his former residence in Dapa, Surigao, for 22 years, and the indications of other residences from his children’s records, constituted a failure to comply with the mandatory requirement of stating all present and former places of residence. This defect is jurisdictional and fatal to the petition, as it affects the court’s authority to hear and decide the case. Costs were imposed on the petitioner-appellee.