GR L 1812; (August, 1948) (Digest)
G.R. No. L-1812; August 27, 1948
EREMES KOOKOORITCHKIN, petitioner, vs. THE SOLICITOR GENERAL, oppositor.
FACTS
Eremes Kookooritchkin, a native of St. Petersburg, Russia, filed a petition for naturalization under Commonwealth Act No. 473. He arrived in the Philippines in March 1923 as a White Russian refugee fleeing the Bolshevik regime after fighting against it. He has resided in Iriga, Camarines Sur, since 1925, married a Filipina, has a son, speaks English and Bicol, and worked as a shop superintendent. During WWII, he joined the guerrilla movement. His petition was granted by the lower court. The Solicitor General opposed, arguing that his declaration of intention was invalid due to lack of a certificate of arrival, that he lacked a lucrative income, and that he failed to prove Russia grants Filipinos reciprocal naturalization rights.
ISSUE
1. Whether Kookooritchkin’s declaration of intention was valid despite the missing certificate of arrival.
2. Whether he had a lucrative income.
3. Whether he was required to prove reciprocal naturalization rights from Russia, given his stateless status.
RULING
1. Yes. The law requires the certificate of arrival “has been issued,” not that it be attached to the declaration. Testimonial evidence of his lawful arrival in 1923 as a refugee under Admiral Stark suffices, and the Solicitor General failed to refute this.
2. Yes. His annual salary of P13,200 plus allowances and assets constituted a lucrative income, supporting himself and his family sufficiently.
3. No. The lower court correctly found Kookooritchkin stateless, as he disclaimed allegiance to the Soviet Union and was a refugee from the defunct Russian Empire. The reciprocal requirement under section 4 of the Naturalization Law applies only to citizens of a country; it does not apply to stateless persons. His testimony and historical context of White Russian refugees support this finding. The appealed resolution granting naturalization is affirmed.
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