GR L 13303; (December, 1959) (Digest)
G.R. No. L-13303, December 10, 1959
Ang Bun Phek alias Kun Pue Guan, petitioner-appellant, vs. Republic of the Philippines, oppositor-appellee.
FACTS
Petitioner Ang Bun Phek, alias Kun Pue Guan, applied for naturalization. He was born in Amoy, China, on August 5, 1928, and arrived in the Philippines in July 1937 with his mother. He has resided continuously in the Philippines since then, is married to a Chinese woman, has three children, works as a salesman, and filed income tax returns. He presented evidence of good moral character, ability to speak English and Tagalog, and belief in Philippine principles. The trial court denied his application, doubting his claim of lawful entry for permanent residence. The court found his testimony about a lost Landing Certificate of Residence unreliable, especially since he did not present his mother to corroborate it.
ISSUE
Whether the petitioner sufficiently established his lawful entry for permanent residence in the Philippines as required by Section 6 of the Revised Naturalization Law ( Commonwealth Act No. 473 ).
RULING
Yes. The Supreme Court reversed the trial court’s decision. The record sufficiently established the petitioner’s lawful entry. He presented an Immigrant Certificate of Residence (1946), a Certificate of Arrival (1954), an Alien Certificate of Registration (1959), and a Bureau of Immigration certificate showing his name in the 1941 Master List of registered aliens. These official documents satisfy the legal requirement. Citing precedents (Maxwell Tong vs. Republic and Victoriano Yap Subieng vs. Republic), the Court held that such immigration documents, issued by authorities and not assailed as to genuineness, have probative value. The Solicitor General also agreed that the objection lost weight. Therefore, the application for naturalization should be granted.
