GR L 11172; (December, 1958) (Digest)
G.R. No. L-11172, December 22, 1958
IN THE MATTER OF THE PETITION OF NG BUI KUI TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. NG BUI KUI, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Ng Bui Kui filed a petition for naturalization in the Court of First Instance of Rizal, which was granted. The Republic of the Philippines appealed, contending that the trial court did not acquire jurisdiction over the case due to insufficient publication of the petition as required by Section 9 of the Revised Naturalization Law (Commonwealth Act No. 473). The petition was published only once in the Official Gazette (in its June 1955 issue) and was published once a week for three consecutive weeks in the newspaper “Voz de Manila.” The appellant argued that the law mandates publication once a week for three consecutive weeks in both the Official Gazette and a newspaper of general circulation.
ISSUE
Whether the publication of the petition for naturalization only once in the Official Gazette, despite its three weekly publications in a newspaper of general circulation, constitutes sufficient compliance with the publication requirements of Section 9 of the Revised Naturalization Law to confer jurisdiction upon the trial court.
RULING
No. The Supreme Court reversed the decision of the lower court and dismissed the petition without prejudice. The publication was insufficient to confer jurisdiction.
The Court held that Section 9 of the Revised Naturalization Law expressly requires that the petition be published “once a week for three consecutive weeks in the Official Gazette and in one of the newspapers of general circulation.” The purpose of this mandatory requirement is to inform government officers and the public of the petition so they may provide any relevant information or evidence against the petitioner. Strict compliance is necessary.
The petitioner’s argument that there was substantial compliance because the Official Gazette was published only monthly at the time, and publication was made three times in the newspaper and once in the Gazette, was rejected. The Court, citing its precedent in Ong Son Cui vs. Republic, ruled that the law’s intent for three publications in the Official Gazette must be followed. Even if weekly publication was not physically possible, the notice could and should have been published three times consecutively in the Gazette, not just once. A single publication in the Official Gazette is not a sufficient compliance with the law.