In Re: Lucio Tan Tiu. Lucio Tan Tiu v. Republic of the Philippines

Manila

EN BANC

G.R. No. L-21558 January 30, 1970

IN RE: PETITION FOR NATURALIZATION. LUCIO TAN TIUaliasTIU PING SING and LUCIO TIU IMSONG,petitioner-appellee,
vs.
REPUBLIC OF THE PHILIPPINES,oppositor-appellant.

Bernardito A. Florida for petitioner-appellee.

Office of the Solicitor General Antonio P. Barredo, Assistant Solicitor General Frine' C. Zaballero and Solicitor Hector C. Fule for oppositor-appellant.

SANCHEZ,J.:

From a judgment1of the Court of First Instance of Surigao del Norte dated December 21, 1961, declaring Lucio Tan Tiu eligible for Philippine citizenship, the State appealed.

For one reason alone, the judgment must be reversed.

Lucio Tan Tiu failed to state in his naturalization petition "his present and former places of residence."2That petition merely avers that he has "resided, continuously in the Philippines, particularly at Numancia, Surigao, since my birth", and that his present place of residence is at Numancia, Surigao.

Applicant however testified that he resided in Dapa, Surigao, since his birth on September 12, 1927 until 1949 when he moved to Numancia, Surigao,3a period of 22 years. Moreover, the alien certificates of registration of all his children, born between the years 1951 to 1960, show that they were all born in Cebu City and reside in Dapa, Surigao.

"Residence" encompasses all places where petitioner actually and physically resided,4whether permanent or temporary.ℒαwρhi৷5We have repeatedly said that failure to specify in the petition for naturalization petitioner's present and former places of residence affects the court's jurisdiction "tohearanddecidethe case."6Such defect is fatal.7

Judgment Reversed. Petition for naturalization denied. Costs against petitioner-appellee. So ordered.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro, Fernando, Teehankee and Barredo, JJ., concur.

Footnotes