GR L 13441; (June, 1960) (Digest)
G.R. No. L-13441; June 30, 1960
CELERINO YU SECO, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
FACTS
Petitioner Celerino Yu Seco appealed the dismissal of his naturalization petition by the Court of First Instance of Bulacan. The lower court dismissed the petition because he failed to file a declaration of intention as required by Section 5 of the Revised Naturalization Law. The court found he did not prove his exemption from this requirement. Although he was born in the Philippines (Baliwag, Bulacan, on June 10, 1932, to Chinese parents), his educational exhibits (Exhibits “H” and “I” from Baliwag Elementary School and Baliwag Institute) referred to “Celerino Yu,” not “Celerino Seco y Sio,” the name stated in his petition. At trial, petitioner asserted his real name is Celerino S. Yu and that he adopted “Celerino Yu Seco” only because the Bureau of Immigration required it for his alien registration application. However, his petition and the published notices of its filing used the name “Celerino Yu Seco.” The Solicitor General agreed with petitioner that he was exempt from filing a declaration of intention and did not file an appellee’s brief.
ISSUE
Whether the publication of the notice of the petition for naturalization under the name “Celerino Yu Seco” was valid and sufficient to apprise the public, given petitioner’s claim that his true name is “Celerino S. Yu.”
RULING
The Supreme Court dismissed the petition. It held that the publication was insufficient and misleading. The purpose of publication is to inform the public so those with legal objections may come forward. Since petitioner’s claimed true name (Celerino S. Yu) differed from the published name (Celerino Yu Seco), persons with derogatory information against Celerino S. Yu might not recognize the petition as pertaining to him, defeating the publication’s purpose and opening the door to fraudulent use of aliases. Most of petitioner’s documentary clearances (tax, police, etc.) referred to “Celerino Yu Seco,” so they did not prove that officials had no disqualifying records against “Celerino S. Yu.” The Court ruled that if petitioner is known by both names, he should have applied under both names to make full disclosure. Consequently, it became unnecessary to determine whether he was exempt from filing a declaration of intention. The dismissal was without prejudice to filing a new application under his true names, “Celerino S. Yu, alias Celerino Yu Seco.” Costs were imposed on petitioner.