GR L 6036; (March, 1953) (Digest)
G.R. No. L-6036 March 19, 1953
In the Matter of the petition of Geronimo Yu, to be admitted as citizen of the Philippines. GERONIMO YU, petitioner, vs. REPUBLIC OF THE PHILIPPINES, respondents.
FACTS
This is an appeal by the Government from an order of the Court of First Instance of Cotabato granting the petition for naturalization of Geronimo Yu. The Solicitor General advanced two grounds for reversal: first, the petitioner failed to file the necessary declaration of intention to become a Filipino citizen one year prior to instituting his petition for naturalization on May 30, 1950, and he was not exempt from this requirement; second, one of his minor children of school age, Yu Kiat Lim, had never been enrolled in any public schools or government-recognized private schools. The petitioner-appellee, Geronimo Yu, did not file a brief and concurred with the views of the Solicitor General.
ISSUE
Whether the Court of First Instance erred in granting the petition for naturalization despite the petitioner’s failure to comply with the legal requirements of filing a prior declaration of intention and ensuring his minor child’s enrollment in a qualified school.
RULING
The Supreme Court reversed the order of the Court of First Instance and denied the petition for naturalization. The Court held that the petitioner failed to comply with the mandatory legal requirements: he did not file the necessary declaration of intention one year prior to his petition (and was not exempt), and he failed to enroll his minor child of school age in a public school or recognized private school. Since these requirements were not satisfied, the grant of naturalization was improper. The decision was rendered without costs.
