G.R. No. L-10704; May 23, 1958
SIMEON TAN LIM, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner Simeon Tan Lim, single, was born on June 9, 1926, in Davao City, Philippines, to Chinese parents. He filed a petition for naturalization on January 25, 1955, having previously filed his declaration of intention on January 22, 1954. He resided in the Philippines continuously since birth, except for two years (1946-1948) when he accompanied his brother to Shanghai, after which he returned. He studied at Davao Chinese School and Adamson University, where he obtained a Bachelor of Science in Chemistry degree. He associated with Filipinos during his studies, speaks English fluently, and has a working knowledge of Visayan and Tagalog. He was the manager of Kwong Hoc Plantation Co., Inc., with a monthly salary of P200.00, and was a stockholder of Davao Hardware Company. He presented clearance certificates showing no criminal record and compliance with tax obligations. His two brothers were already naturalized. To prove his good moral character and standing, he presented witnesses Dr. Juan Belisario and Dr. Jose Ebro, prominent Davao residents who knew him since childhood. During cross-examination, petitioner declared that in case of war between Nationalist China and the Philippines, he would side with the latter. The Provincial Fiscal opposed the petition, questioning the competence of the character witnesses and contending that petitioner failed to show he believes in the principles underlying the Philippine Constitution. The Court of First Instance of Davao granted the petition, finding petitioner possessed all qualifications and none of the disqualifications under Commonwealth Act No. 473, as amended. The Republic appealed.

ISSUE

1. Whether the two character witnesses presented by the petitioner were qualified to testify as to his good moral character and conduct.
2. Whether the lower court erred in granting the petitioner’s application for citizenship.

RULING

The Supreme Court affirmed the decision of the lower court, granting the petition for naturalization.
1. On the qualification of character witnesses: The Court held that the affidavits and testimonies of Dr. Juan Belisario and Dr. Jose Ebro sufficiently complied with the requirements of Section 7 of Commonwealth Act No. 473. Dr. Belisario’s affidavit stating he knew petitioner “since his boyhood,” coupled with his court testimony that he knew petitioner since his birth in 1926, established that he knew petitioner for over 10 years, more than the period required by law. Dr. Ebro’s affidavit stating he knew petitioner “to be a resident of the Philippines since birth,” together with his testimony that he knew petitioner since childhood, also met the requirement. The allegation in Dr. Ebro’s affidavit that petitioner had “all the necessary qualifications” necessarily implied that petitioner was not disqualified under the law. The Court found the witnesses competent.
2. On the grant of the application: The Supreme Court found no error in the lower court’s conclusion that petitioner possessed all qualifications under the Naturalization Law. Petitioner was born and resided in the Philippines, had a lucrative occupation, spoke English and local dialects, had good moral character, and believed in the principles underlying the Constitution, as evidenced by his declaration of allegiance to the Philippines. The Court noted that the lower court correctly found petitioner had filed his declaration of intention, although it was not strictly necessary as he was born in the Philippines and received his primary and secondary education in government-recognized schools not limited to any race or nationality, pursuant to Section 6 of Commonwealth Act No. 473, as amended.
The decision appealed from was affirmed, without costs.