G.R. No. L-9683; May 30, 1957
Quezon Ong Tan alias Wellington Tan, petitioner-appellee, vs. Republic of the Philippines, oppositor-appellant.

FACTS

Petitioner Quezon Ong Tan, alias Wellington Tan, was born on June 10, 1922, in Cebu City, Philippines, to Chinese parents. He has resided continuously in the Philippines since birth, never having left the country. He married Emiliana Go, a former Filipino citizen, and they have three children, all under seven years old. Petitioner is engaged in business with an annual income of approximately P5,000. He speaks and writes English and Visayan (Cebuano). He filed a petition for naturalization on September 30, 1952, without having filed a prior declaration of intention, claiming exemption under Section 6 of the Revised Naturalization Law ( Commonwealth Act No. 473 , as amended) because he was born in the Philippines, received his primary and secondary education in recognized schools, and had resided continuously in the Philippines for more than 30 years. The Court of First Instance of Cebu granted his petition. The Republic appealed, contending that petitioner failed to comply with the prerequisite of filing a declaration of intention and was not exempt because he could not meet the additional requirement of having given his children primary and secondary education in recognized schools, as they were not yet of school age.

ISSUE

Whether petitioner Quezon Ong Tan is exempt from filing a declaration of intention under Section 6 of the Revised Naturalization Law, notwithstanding that his children are not yet of school age and thus have not received the required education.

RULING

Yes, the petitioner is exempt. The Supreme Court affirmed the lower court’s decision. The additional requirement in Section 6 that “the applicant has given primary and secondary education to all his children in the public schools or in private schools recognized by the Government and not limited to any race or nationality” applies only to children of school age, as clarified by Section 2(6) of the same Act. Since petitioner’s children were all below school age (the eldest being six), this requirement was not applicable to him at the time of his application. Therefore, he validly claimed exemption from filing a declaration of intention based on his birth in the Philippines, education in recognized schools, and continuous residence for over 30 years. The Court also ordered that any letters of citizenship issued should be in the name “Quezon Ong Tan” only, without the alias.