G.R. No. L-5477; April 12, 1954
QUING KU CHAY, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

The petitioner-appellee, Quing Ku Chay, applied for and was granted Philippine citizenship by naturalization by the lower court. However, it was established that he had a minor son who was born in Amoy, China, in 1934, and who had never set foot in the Philippines. The legal requirement for naturalization includes enrolling minor children of school age in a recognized public or private school in the Philippines where Philippine history, government, and civics are taught, for the entire required period of residence prior to the hearing of the petition. This requirement was not fulfilled for his foreign-born son residing abroad.

ISSUE

Whether the petitioner is qualified for naturalization despite his failure to enroll his foreign-born minor child, who has never resided in the Philippines, in a school as prescribed by Section 2, sixth paragraph, of Commonwealth Act No. 473 (the Revised Naturalization Law).

RULING

The Supreme Court reversed the decision of the lower court and denied the petition for naturalization. The Court held that the requirement to enroll minor children of school age in a recognized school teaching Philippine history, government, and civics is a mandatory qualification for the applicant. This requirement serves the policy of ensuring that new citizens and their children learn and imbibe Filipino customs, traditions, aspirations, and democratic forms of government. The fact that the child is outside the country is not a valid excuse; the applicant must bring the child to the Philippines to comply. The Court noted that the applicant could have brought his son to the Philippines before the political situation in Amoy changed in October 1949. Failure to comply with this qualification is a ground for denial of the naturalization petition.