G.R. No. L-26602 April 25, 1969
IN THE MATTER OF THE PETITION OF LIM CHUY TIAN TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. LIM CHUY TIAN petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, movant-appellant.

FACTS

On October 30, 1961, the Court of First Instance of Manila granted Lim Chuy Tian’s petition for naturalization. After taking his oath on March 31, 1964, he was issued a naturalization certificate. On March 28, 1968, the Republic of the Philippines filed a motion to cancel his naturalization certificate on grounds of fraudulent and illegal procurement. The Government alleged two specific grounds: (1) Lim Chuy Tian failed to enroll his school-age children in schools recognized by the Government where Philippine history, civics, and government are taught during his entire residence prior to the hearing of his petition; and (2) he violated government policy by allowing his wife and two children, who were admitted as temporary visitors, to remain in the Philippines after the expiration of their authorized stay. Lim Chuy Tian countered that these facts were known to the Solicitor General during the naturalization hearing and that the Government was barred from raising them later. The lower court denied the motion for cancellation on July 1, 1966, prompting the Government’s appeal.

ISSUE

Whether the naturalization certificate issued to Lim Chuy Tian should be cancelled on the ground that it was obtained illegally and fraudulently due to his failure to comply with the mandatory requirement of enrolling his school-age children in schools prescribed by the Revised Naturalization Law.

RULING

Yes, the naturalization certificate is ordered cancelled and revoked. The Supreme Court set aside the lower court’s decision granting naturalization and its order denying the motion for cancellation. The Court held that Lim Chuy Tian failed to comply with the mandatory requirement under Section 2 of the Revised Naturalization Law, which requires an applicant to enroll his children of school age in public or private schools recognized by the Government where Philippine history, civics, and government are taught. His daughter, Lim Lily, was over twelve years old when he filed his petition. Although she was brought to the Philippines as a temporary visitor, he initially enrolled her in St. Stephen High School, a Chinese school, which negated his sincerity to embrace Filipino ideals. The Court ruled that the inability to bring a child to the Philippines or financial difficulties are not valid excuses for non-compliance. This failure is fatal to the petition. The doctrines that a naturalization judgment is a mere political privilege, that the certificate is subject to cancellation if obtained illegally or fraudulently, and that neither estoppel nor res judicata bars a cancellation action, are firmly entrenched. Given this disposition, the Court found no need to resolve the other issue regarding the alleged violation of immigration policy.