GR L 22310; (April, 1967) (Digest)
G.R. No. L-22310; April 24, 1967
IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. TAN CHUA alias CARLOS CUA, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
FACTS
On December 4, 1959, Tan Chua alias Carlos Cua filed a petition for naturalization with the Court of First Instance of Manila. On October 15, 1960, the court granted his petition, finding him qualified. On September 19, 1962, he filed a motion for final hearing. The Solicitor General opposed, seeking dismissal on two grounds: (1) lack of jurisdiction because the petition omitted his previous addresses in violation of Section 7 of Commonwealth Act 473, as amended; and (2) he had not conducted himself properly as he used the alias “Carlos Cua” without judicial authority. The court denied the petition on October 29, 1963, adopting the Solicitor General’s grounds and adding that the petitioner committed errors in English and Tagalog and operated a travel agency without authority from 1956 to January 1958, violating Republic Act 1478. His motion for reconsideration was denied.
ISSUE
Whether the court a quo erred in denying the petition for naturalization.
RULING
No, the court did not err. The denial is affirmed. First, the petitioner’s failure to state his previous places of residence in his petition violated Section 7 of Commonwealth Act 473, a fatal defect warranting dismissal. This omission also indicates falsification and lack of good moral character, disqualifying him. The fact that he disclosed these addresses later in hearings or clearance applications did not cure the defect. Second, his use of the alias “Carlos Cua” without judicial authority violated Commonwealth Act 142, indicating improper conduct and disqualifying him from acquiring citizenship. The court, at the final hearing stage, is not limited to the specific inquiries under Republic Act 530 but may examine any question affecting the applicant’s qualifications, and the government is not estopped from questioning qualifications even after an initial grant.
