GR L 11895; (December, 1959) (Digest)
G.R. No. L-11895, December 29, 1959
In the matter of the Petition of Jesus J. Go to be Admitted a Citizen of the Philippines. Jesus J. Go, petitioner-appellee, vs. Republic of the Philippines, oppositor-appellant.
FACTS
Petitioner-appellee Jesus J. Go is a Chinese citizen born in Bogo, Cebu. He is single, a high school graduate, and has finished a Pharmacy course but could not take the Board Examination due to his alien status. He has no lucrative profession but receives an allowance from his father and owns property valued at P6,000, donated to him by his grandfather one week before filing his application for naturalization. He speaks and writes English and Cebuano, believes in the principles of the Philippine Constitution, is not opposed to organized government, and has no disqualifying criminal, mental, or health issues. However, during the proceedings, his witness Jesus Varallo testified that Go “mingled politically friends for the candidate of his preference” during elections, although he could not vote himself because he was an alien. The government appealed the lower court’s grant of citizenship, citing a violation of election laws.
ISSUE
Whether the petitioner’s act of mingling politically for a candidate during elections, despite being an alien, constitutes a violation of election laws that disqualifies him from being granted Philippine citizenship.
RULING
The Supreme Court reversed the lower court’s decision granting citizenship. The Court held that the petitioner’s act of “mingling politically” for a candidate during elections violated Section 56 of the Revised Election Code, which prohibits any foreigner from aiding a candidate, taking part in, or influencing an election in any manner. This violation is considered a serious offense penalized under Sections 183 and 185 of the same Code with imprisonment and, for a foreigner, deportation. Following its precedents in Benluy vs. Republic of the Philippines, Ernesto Go vs. Republic of the Philippines, and Kiat Chun Tan vs. Republic of the Philippines, the Court ruled that such a violation of election law committed by an alien prior to filing an application for naturalization is sufficient cause for denying Philippine citizenship. The petition was denied.