G.R. No. L-3264; November 29, 1950
In the matter of the petition for naturalization of Jose Son. JOSE SON, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Jose Son, born on December 18, 1926, in Bulusan, Sorsogon, to Chinese parents, never left the Philippines and completed only his elementary education (up to the seventh grade). He filed a petition for naturalization without having previously filed a declaration of intention to become a Filipino citizen one year before his petition, as generally required by law. The Court of First Instance of Sorsogon granted his naturalization. The Republic appealed, arguing that the trial court erred in not finding Son exempt from filing the declaration of intention.

ISSUE

Whether Jose Son is exempt from the mandatory requirement of filing a declaration of intention to become a Filipino citizen one year prior to his petition for naturalization.

RULING

No. The Supreme Court reversed the trial court’s decision and dismissed the petition. Under the Naturalization Law ( Commonwealth Act No. 473 , as amended), the general rule requires an applicant to file a declaration of intention one year before the petition. Exemptions under the law are limited to: (1) those born in the Philippines who received primary and secondary education in public or government-recognized schools, or (2) those who have resided continuously in the Philippines for thirty years or more prior to the petition. Jose Son did not qualify for either exemption. He was only 23 years old, thus failing the 30-year residency requirement. He also only completed elementary education, not secondary education. His ability to speak English did not substitute for the secondary education requirement, as the legislature deemed secondary instruction essential for assimilating democratic principles and social values. The Court cited the precedent in In re Florentino Uy Boco, where a petition was dismissed for similar reasons.

AI Generated by Armztrong.