G.R. No. L-9682; April 23, 1957
Chay Guan Tan, petitioner-appellee, vs. Republic of the Philippines, oppositor and appellant.

FACTS

Chay Guan Tan filed an application for naturalization in the Court of First Instance of Sulu. The Provincial Fiscal, representing the Republic of the Philippines, opposed the application. The lower court granted the petition. The Republic appealed, raising three main objections: (1) The petitioner did not satisfactorily prove he was born in Jolo, Sulu, as his testimony was self-serving and the certificate from the attending physician (Exhibit G) was not the best evidence, with no birth certificate from the civil registrar presented. (2) The petitioner failed to present certificates of alien registration for his wife, Lena Itum, and his child, Helen, as required by Republic Act No. 562 (the Alien Registration Act of 1950, as amended), from which an inference of non-compliance could be drawn. (3) There was no evidence on record that the petitioner could speak and write a principal Philippine dialect, as he was not subjected to a practical oral or written test during the hearing. During the trial, it was established that the petitioner was born in Jolo on March 15, 1929, to Chinese parents; married to a Filipina; a high school graduate; employed as a cashier; owned property; could speak and write English, Tausug, Samal, and a little Tagalog; had no criminal record; and demonstrated knowledge of Philippine civics and ideals.

ISSUE

Whether the Court of First Instance of Sulu erred in granting Chay Guan Tan’s application for naturalization based on the grounds raised by the oppositor-appellant regarding: (1) the sufficiency of evidence proving his birth in Jolo, (2) his alleged failure to register his wife and child as aliens, and (3) the lack of a practical test to prove his ability to speak and write a principal Philippine dialect.

RULING

The Supreme Court affirmed the decision of the lower court, granting the petition for naturalization.
1. On the proof of birth, the Supreme Court held that the petitioner’s testimony, corroborated by Exhibit G (the physician’s certificate) which was admitted without objection, sufficiently established his birth in Jolo, Sulu. The exhibit, though not sworn to and with the physician not presented, gathered corroborative value once admitted without objection.
2. On the failure to present alien registration certificates for his wife and child, the Court ruled that such failure is not one of the specific grounds for disqualification under the Naturalization Act ( Commonwealth Act No. 473 ). Citing a precedent (Tan Chong Yao vs. Republic), the Court held this omission was not of such gravity as to disallow the petition, given the petitioner had proven all qualifications and none of the statutory disqualifications.
3. On the ability to speak and write a dialect, the Court found no error in the trial court’s dispensation of a practical test. The trial judge noted the petitioner, born in Sulu, spoke Tausug and Samal, and was speaking good English in court. The Supreme Court, citing Wu Sick Boom vs. Republic, noted that Tausug and Samal are principal dialects spoken by a substantial population, and judicial notice can be taken that knowledge of the English alphabet enables one to write known dialects. The evidence on record, including the petitioner’s testimony and educational background, sufficiently established his linguistic ability.
The Supreme Court concluded that the evidence of record satisfactorily established the petitioner’s fitness to acquire Filipino citizenship.