G.R. No. L-3233 July 23, 1951
In the matter of the petition of Uy Chiong to be admitted a citizen of the Philippines. UY CHIONG, petitioner-appellee, vs. THE REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner-appellee Uy Chiong, born of Chinese parents in Amoy, China in 1905, came to the Philippines in 1914 and has continuously resided in Iloilo. He married Filipina Josefa Dy, with whom he had eight children. In his application for naturalization, he also listed two other boys, Uy Hua Han and Uy Beng Han, as his own children born of his marriage to Josefa Dy. During the hearing, he testified these two boys were actually born in China of unknown parents, bought by his mother, and later sent to him; he adopted them according to Chinese custom and they lived with him. Furthermore, in a prior affidavit to the NBI, he stated these two boys were his sons with a former Chinese wife, Lim Ping Ty. The trial court granted his petition for naturalization. The Republic appealed, contending (1) the applicant is not of good moral character due to deliberate falsehoods in his application and affidavit, and (2) he is not qualified because, under Chinese law, he needs permission from the Chinese government to renounce his allegiance.

ISSUE

1. Whether the petitioner possesses the requisite good moral character for naturalization despite discrepancies in his application and affidavit regarding the parentage of Uy Hua Han and Uy Beng Han.
2. Whether the petitioner is disqualified from naturalization because, under Chinese law, he requires permission from the Chinese government to renounce his allegiance.

RULING

The decision of the trial court granting naturalization is affirmed.
1. On the issue of good moral character, the Court, giving the benefit of the doubt to the petitioner, found the discrepancy or falsehood was not as serious as it appeared. The petitioner may have believed the two boys were in legal contemplation his own children due to adoption and upbringing. The NBI agent who prepared the affidavit was not presented as a witness. Considering the petitioner’s otherwise favorable qualifications, the irregularity should not bar his admission to citizenship.
2. On the issue of renunciation of allegiance, the Court held that permission from the Chinese Ministry of Interior is not required under Philippine law as a condition precedent to naturalization, citing prior jurisprudence (Lim So vs. Republic of the Philippines, et al.).
Separate Opinions:
Justice Pablo, dissenting (concurred in by Justice Feria), argued the petition should be denied. If Uy Hua Han and Uy Beng Han are the petitioner’s legitimate or legally adopted children, they must have received primary and secondary education in government-recognized schools, which was not proven. If they are not his children but were bought and smuggled into the Philippines, the petitioner is an undesirable element who violated immigration laws and engaged in trafficking. The petitioner’s false statements under oath demonstrate a lack of good moral character.