G.R. No. L-5799; June 30, 1954
In the matter of the petition of TAM TAN to be admitted a citizen of the Philippines. TAM TAN, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Tam Tan filed a petition for naturalization. The Court granted the petition after notice by publication and hearing, finding that the applicant possessed all qualifications and none of the disqualifications under Commonwealth Act No. 473 , as amended. The Government appealed. The appeal was based on the fact that the petition for naturalization was filed on October 26, 1950, which was before the lapse of one year from the filing of his verified declaration of intention to become a citizen on April 4, 1950. This timing violated Section 5 of Commonwealth Act No. 473 , as amended.

ISSUE

Whether the petition for naturalization was filed prematurely, in violation of the mandatory one-year waiting period between the filing of a declaration of intention and the filing of the petition for naturalization under Commonwealth Act No. 473 , as amended.

RULING

The Supreme Court set aside the decree granting the petition for naturalization. The Court ruled that no petition for naturalization may be filed, heard, or granted before the expiration of one year from the date of filing a verified declaration of intention. This requirement is mandatory. The Government’s failure to raise this issue in the lower court does not preclude it from raising the issue on appeal. The Court noted that after the one-year period, the applicant may renew his petition, and the evidence already taken may be offered anew without recalling witnesses, and the Government may introduce its evidence.