G.R. No. L-3354 January 25, 1951
In the matter of the petition of Tan Hi to be admitted a citizen of the Philippines. TAN HI, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Tan Hi, a Chinese citizen born in Amoy, China, applied for naturalization in the Philippines. He arrived in the Philippines on March 1, 1918, and established residence but made frequent trips to China. During his visits to China, he maintained relations with a Chinese woman and had five children with her; two are married, and three are minors aged 16, 14, and 12, under his mother’s custody in China. Tan Hi stated his wife in China (to whom he was never legally married) died before 1941, after which he married Filipino Catalina Lua Kaberte in the Philippines, with whom he had four minor children. In his application and “Declaration of Intention,” Tan Hi initially stated he had only four children (those in the Philippines) and claimed to be legally married to Catalina. However, he failed to produce a marriage certificate, and an amendment to his application referred to two of these children as “natural children,” casting doubt on the legality of the marriage. Furthermore, while Tan Hi assured the court he never married the Chinese mother, a witness stated his children in China were legitimate. Tan Hi expressed intent to bring his three minor children from China to the Philippines but cited financial constraints and strict immigration authorities.

ISSUE

Whether Tan Hi qualifies for naturalization under the Revised Naturalization Law, particularly regarding the requirement that all his minor children of school age be enrolled in schools recognized by the Philippine government where Philippine history, government, and civics are taught.

RULING

The Supreme Court reversed the decision of the Court of First Instance of Manila and denied Tan Hi’s petition for naturalization. The Court held that Tan Hi failed to comply with paragraph 6, section 2 of the Revised Naturalization Law, which requires an applicant to have enrolled all minor children of school age in public or private schools recognized by the Government where Philippine history, government, and civics are taught. Tan Hi admitted having three minor children in China who were not enrolled in such Philippine schools. Following the doctrine established in Hao Lian Chu vs. Republic of the Philippines and Lim Lian Hong vs. Republic of the Philippines, the Court emphasized that this requirement is crucial because upon the father’s naturalization, his minor children automatically acquire Philippine citizenship and must therefore learn about Philippine history and government. The Court deemed it unnecessary to address other issues raised on appeal, such as the applicant’s moral character.