GR L 20622; (January, 1966) (Digest)
G.R. No. L-20622 January 31, 1966
IN THE MATTER OF THE PETITION FOR PHILIPPINE CITIZENSHIP. LIM GUAN, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Lim Guan filed an amended petition for naturalization. The Court of First Instance of Romblon granted it on June 15, 1962. The court found he had resided continuously in the Philippines since 1935; married Anastacia Tan on April 4, 1944, and married her again on April 15, 1957, because records of the first marriage were lost during the war; has nine children enrolled in schools; has an average annual net income of P10,000; and owns real property worth P6,000 purchased on December 31, 1959. The Republic appealed, contending the petition should be denied because: (1) petitioner lived with Anastacia Tan without marriage, violating the Constitution by acquiring real property; (2) he violated the Alien Registration Act by undue delay in registering his children.
ISSUE
Whether Lim Guan possesses the requisite good moral character and irreproachable conduct for naturalization, considering the allegations regarding his marital status, acquisition of real property, and compliance with alien registration laws.
RULING
The Supreme Court reversed the lower court’s decision and denied the petition for naturalization.
1. On Marital Status and Moral Character: The birth certificates of petitioner’s children, presented as exhibits, indicate that children born before April 15, 1957, were registered as illegitimate or with parents stated as single, while those born after were registered as legitimate with married parents. The Court held petitioner is estopped from denying the correctness of these certificates, which he presented. This illegitimate relationship defeats the petition for naturalization. Even assuming an earlier 1944 marriage, petitioner would be guilty of falsity regarding his children’s status.
2. On Acquisition of Real Property: Petitioner’s purchase of a residential lot on December 31, 1959, violated Section 5, Article XIII of the Philippine Constitution (prohibiting aliens from acquiring private agricultural land, inclusive of residential land as established in Krivenko v. Register of Deeds). This defiance is inconsistent with respect for constitutional principles.
3. On Violation of Alien Registration Act: Petitioner registered his children as aliens only belatedly, years after their births, and multiple children were registered on the same day in 1957, long after the statutory 60-day period from birth or each calendar year as required by Section 10 of the Alien Registration Act ( Commonwealth Act No. 562 ). This failure constitutes a clear violation rendering his conduct not proper and irreproachable.
Therefore, the petition was denied.
