GR L 16975; (May, 1964) (Digest)
G.R. No. L-16975. May 30, 1964. IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, ROMULO QUA, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, opponent-appellee.
FACTS
Romulo Qua’s petition for naturalization was initially denied by the Court of First Instance of Manila due to an unfavorable G-2 clearance from the Armed Forces of the Philippines, which suspected him of subversive activities. On appeal, the Supreme Court remanded the case for a new trial, holding that mere suspicions unsupported by specific facts disclosed on record could not justify denial, as it deprived Qua of the opportunity to refute them. In the new trial, Qua presented witnesses, including a former U.S. Army C.I.D. agent, to attest to his good moral character and anti-communist stance.
During the new trial, government witnesses from the AFP G-2 again refused to disclose specifics of Qua’s alleged subversive activities, citing state security. The court then issued a subpoena duces tecum to the G-2 Chief. In compliance, a legal officer submitted a confidential report identifying Qua as a leader and active commander of the Hiat Kan Tuan, described as the most active Chinese guerilla unit affiliated with the Chinese Communist Party, and noting his employment with and residence at the unit’s headquarters.
ISSUE
Whether the petitioner, Romulo Qua, possesses the requisite moral character and irreproachable conduct, and is not opposed to organized government or affiliated with any subversive association, to qualify for naturalization as a Filipino citizen.
RULING
The Supreme Court affirmed the denial of the petition. The legal logic centers on the statutory requirement for an applicant to prove a good moral character and a irreproachable conduct, which includes not being a believer in or affiliated with any subversive doctrine or association. The confidential G-2 report, properly admitted as an official document made by a public officer in the performance of duty, provided specific factual bases previously lacking. It established Qua’s leadership role in the Hiat Kan Tuan, an organization affiliated with the Chinese Communist Party. This affiliation directly contradicts the requirement of adherence to constitutional principles and loyalty to the State. The Court ruled that such proven connection constitutes sufficient ground for denial, as it raises serious doubt regarding the petitioner’s moral character and his acceptance of the principles underlying the Philippine Constitution. The appellant’s evidence of past guerrilla service and character testimonials could not overcome this specific, adverse finding of subversive affiliation.
