GR L 20558; (March, 1965) (Digest)
G.R. No. L-20558 March 31, 1965
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. MELITON O. GO, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
FACTS
Meliton O. Go filed a petition for naturalization. On April 4, 1960, the Court of First Instance of Manila rendered a decision finding him qualified and granted his petition. No appeal was taken from this decision. On May 20, 1962, Go moved to set a hearing to present evidence of his compliance with the requirements of Republic Act No. 530 . The Solicitor General moved to dismiss the petition. The lower court granted the dismissal despite Go’s opposition, prompting this appeal.
ISSUE
Whether the lower court correctly dismissed Meliton O. Go’s petition for naturalization on the grounds that his original petition was fatally defective for: (1) failing to allege all his former places of residence as required by law, and (2) failing to state that he was also known by another name (Go King Siong).
RULING
Yes, the order of dismissal is affirmed. The lower court was justified in dismissing the petition.
1. On the failure to allege former places of residence: The petition only stated his address at the time and one former residence (“465 Tanduay Street, Manila”). Evidence, however, showed he had previously resided at “250 T. Pinpin, Manila” and, according to a witness, on Narra Street, Tondo. The Supreme Court held that failure to allege all “former places of residence” in the petition is a violation of the mandatory provision of Section 7 of the Revised Naturalization Law. This omission is a fatal defect that warrants dismissal and affects the court’s jurisdiction. The purpose is to inform the public and government agencies through publication, giving them the opportunity to voice any opposition.
2. On the failure to state another name: Go argued that “Go King Siong” was merely a nickname. The Court found it was a full Chinese name, not a nickname. His own testimony and NBI clearance referred to him as “Meliton O. Go, alias Go Kim Siong.” His failure to allege this fact in his petition was a defect that affected the proceeding.
The Court rejected the argument that the final decision could not be revoked. The defects were jurisdictional and rendered the original decision illegally obtained. The Revised Naturalization Law authorizes the cancellation of a certificate obtained illegally. Therefore, the lower court was justified in dismissing the petition (and thus impliedly revoking the decision) instead of issuing a certificate only to cancel it immediately thereafter. Costs were imposed on petitioner-appellant.