GR L 9858; (May, 1957) (Digest)
G.R. No. L-9858, May 29, 1957
In the matter of the petition of ONG SON CUI to be admitted a citizen of the Philippines. ONG SON CUI, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Ong Son Cui, born in China on May 5, 1914, filed a petition for naturalization in the Court of First Instance of Manila. He arrived in the Philippines in 1932 and had continuously resided therein, except for short trips abroad. He was engaged in business and later employed, with an annual salary of P2,400. He is married with two children, all residing in China. He presented witnesses who testified to his good moral character, belief in Philippine constitutional principles, and proper conduct. The trial court granted his petition. The Republic appealed, contending that the petitioner failed to comply with the publication requirements under Section 9 of the Revised Naturalization Law. The notice of hearing was published once in the Official Gazette (which was by then published monthly) and for three consecutive weeks in the newspaper “Voz de Manila.”
ISSUE
Whether the publication of the notice of hearing only once in the Official Gazette, instead of once a week for three consecutive weeks as required by law, constitutes a fatal defect depriving the court of jurisdiction to hear the naturalization petition.
RULING
The Supreme Court reversed the trial court’s decision and dismissed the petition. The Court held that the publication requirement under Section 9 of the Revised Naturalization Law is mandatory and must be strictly complied with. The law explicitly requires publication “once a week for three consecutive weeks” in the Official Gazette. A single publication in the Official Gazette, even if coupled with three publications in a newspaper of general circulation, is an incomplete and insufficient publication. This defect deprives the court of jurisdiction. The purpose of the publication is to screen applicants by giving the public, particularly government officials and lawyers who regularly read the Official Gazette, adequate opportunity to object. The grant of citizenship is a mere privilege, requiring strict compliance with all legal requirements. The Court found it unnecessary to address the other assignments of error. The petition was dismissed without prejudice.