G.R. No. L-28860 - JULY 1970 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-28860 July 24, 1970 Alfredo T. Luy vs. Republic of the Philippines G.R. No. L-28051 July 28, 1970 Ma Chik Kin vs. Republic of the Philippines G.R. No. L-26806 July 30, 1970 Commissioner of Internal Revenue vs. Royal Interocean Lines, et al. G.R. No. 24703 July 31, 1970 Magin Velez, et al. vs. Court of Appeals G.R. No. 26795 July 31, 1970 Carmen Quimiguing, et al. vs. Felix Icao G.R. No. L-20951 July 31, 1970 Republic of the Philippines vs. Philippine Bank of Commerce G.R. No. L-22497 July 31, 1970 Que Tee Tiao vs. Republic of the Philippines G.R. No. L-23447 July 31, 1970 Fieldmen's Insurance Co., Inc. vs. Asian Surety & Insurance, Co., Inc., et al. G.R. No. L-23544 July 31, 1970 Ong Siao Liong, et al. vs. Republic of the Philippines G.R. No. L-23878 July 31, 1970 Domestic Insurance Co. of the Philippines vs. Everett Siam Line, et al. G.R. No. L-24016 July 31, 1970 Spouses Jesus Ruiz, et al. vs. Sheriff of Manila , et al. G.R. No. L-24528 July 31, 1970 Domingo T. Lao vs. Jose Moya, et al. G.R. No. L-24593 July 31, 1970 Free Telephone Workers Union vs. Philippines Long Distance Telephone Co. G.R. No. L-24835 July 31, 1970 Preparations Commission vs. Northern Lines Inc., et al. G.R. No. L-26175 July 31, 1970 Luzon Stevedoring Corp. vs. Social Security Com., et al. Concurring OpinionJustice Teehankee G.R. No. L-26196 July 31, 1970 Re: Petition for Philippines, et al. vs. Republic of the Philippines G.R. No. L-26370 July 31, 1970 PhilippineFirst Ins. Co., Inc. vs. Maria Carmen Hartigan, et al. G.R. No. L-26549 July 31, 1970 Eugenio Lopez, et al. vs. Court of Appeals, et al. G.R. No. L-26697 July 31, 1970 Enrique Derecho vs. Carlos Abiera, et al. G.R. No. L-26811 July 31, 1970 Gloren, Inc. vs. Republic of the Philippines G.R. No. L-26820 July 31, 1970 Francisco Yap, et al. vs. Republic of the Philippines G.R. No. L-26875 July 31, 1970 Guardian Security & Investigation Agency vs. Workmen's Compensation Commission, et al. G.R. No. L-27249 July 31, 1970 Manila Surety & Fidelity Co., Inc. vs. Noemi Almeda, et al. G.R. No. L-27318 July 31, 1970 Eduardo Castandielo vs. Lucila Reyes, et al. G.R. No. L-27394 July 31, 1970 Armando V. Ampil vs. Corazon Juliano-Agrava, et al. G.R. No. L-27394 July 31, 1970 Armando V. Ampil vs. Corazon Juliano-Agrava, et al. G.R. No. L-27524 July 31, 1970 Jose C. Tecson vs. Rafael Salas, et al. G.R. No. L-27622 July 31, 1970 In Re: Ong Chiong. Ong Chiong vs. Republic of the Philippines G.R. No. L-27703 July 31, 1970 Manila Surety & Fidelity Co., Inc. vs. Workmen's Compensation Commission, et al G.R. No. L-27746 July 31, 1970 Luzon Stevedoring Corporation vs. Court of Appeals, et al. G.R. No. L-27782 July 31, 1970 Octavio A. Kalalo vs. Alfredo J. Luz G.R. No. L-28217 July 31, 1970 Reynaldo F. Pulido vs. Court of Appeals, et al. G.R. No. L-28507 July 31, 1970 Josefina Ang Chay and Mercedita Ang Chay, et al. vs. Republic of the Philippines G.R. No. L-28571 & L-28644 July 31, 1970 Commissioner of Internal Revenue vs. Limpan Investment Corp., et al. G.R. No. L-28942 July 31, 1970 Pedro Capacio, et al. vs. Jose Rivera G.R. No. L-29033 July 31, 1970 Arabay Incorporated vs. Jose C. Aquino, et al. G.R. No. L-29134 July 31, 1970 Lorenzo De Guzman vs. Florendo Aquino, et al. G.R. No. L-30650 July 31, 1970 Nicolas C. Adolfo vs. Court of First Instance of Zambales, et al. G.R. No. L-30669 July 31, 1970 Betty Po vs. Republic of the Philippines G.R. No. L-30820 July 31, 1970 People of the Philippines vs. Rodrigo Englatera G.R. No. L-31338 July 31, 1970 Atlas Textile Development Corp., et al. vs. Kapisanan Ng Mga Manggagawa Sa Atlas-Ptgwo G.R. No. L-31589 July 31, 1970 Lourdes Barrera vs. Leon Barrera, et al. G.R. Nos. L-25543-44 July 31, 1970 In Re: Cancellation of O.C.T.'S Nos. 1957 and 1477. The Lawphil Project - Arellano Law Foundation, Inc. Alfredo T. Luy vs. Republic of the Philippines Ma Chik Kin vs. Republic of the Philippines Commissioner of Internal Revenue vs. Royal Interocean Lines, et al. Magin Velez, et al. vs. Court of Appeals Carmen Quimiguing, et al. vs. Felix Icao Republic of the Philippines vs. Philippine Bank of Commerce Que Tee Tiao vs. Republic of the Philippines Fieldmen's Insurance Co., Inc. vs. Asian Surety & Insurance, Co., Inc., et al. Ong Siao Liong, et al. vs. Republic of the Philippines Domestic Insurance Co. of the Philippines vs. Everett Siam Line, et al. Spouses Jesus Ruiz, et al. vs. Sheriff of Manila , et al. Domingo T. Lao vs. Jose Moya, et al. Free Telephone Workers Union vs. Philippines Long Distance Telephone Co. Preparations Commission vs. Northern Lines Inc., et al. Luzon Stevedoring Corp. vs. Social Security Com., et al. Concurring OpinionJustice Teehankee Re: Petition for Philippines, et al. vs. Republic of the Philippines PhilippineFirst Ins. Co., Inc. vs. Maria Carmen Hartigan, et al. Eugenio Lopez, et al. vs. Court of Appeals, et al. Enrique Derecho vs. Carlos Abiera, et al. Gloren, Inc. vs. Republic of the Philippines Francisco Yap, et al. vs. Republic of the Philippines Guardian Security & Investigation Agency vs. Workmen's Compensation Commission, et al. Manila Surety & Fidelity Co., Inc. vs. Noemi Almeda, et al. Eduardo Castandielo vs. Lucila Reyes, et al. Armando V. Ampil vs. Corazon Juliano-Agrava, et al. Armando V. Ampil vs. Corazon Juliano-Agrava, et al. Jose C. Tecson vs. Rafael Salas, et al. In Re: Ong Chiong. Ong Chiong vs. Republic of the Philippines Manila Surety & Fidelity Co., Inc. vs. Workmen's Compensation Commission, et al Luzon Stevedoring Corporation vs. Court of Appeals, et al. Octavio A. Kalalo vs. Alfredo J. Luz Reynaldo F. Pulido vs. Court of Appeals, et al. Josefina Ang Chay and Mercedita Ang Chay, et al. vs. Republic of the Philippines Commissioner of Internal Revenue vs. Limpan Investment Corp., et al. Pedro Capacio, et al. vs. Jose Rivera Arabay Incorporated vs. Jose C. Aquino, et al. Lorenzo De Guzman vs. Florendo Aquino, et al. Nicolas C. Adolfo vs. Court of First Instance of Zambales, et al. Betty Po vs. Republic of the Philippines People of the Philippines vs. Rodrigo Englatera Atlas Textile Development Corp., et al. vs. Kapisanan Ng Mga Manggagawa Sa Atlas-Ptgwo Lourdes Barrera vs. Leon Barrera, et al. In Re: Cancellation of O.C.T.'S Nos. 1957 and 1477. The Lawphil Project - Arellano Law Foundation, Inc.
Manila
EN BANC
G.R. No. L-28860 July 24, 1970
IN THE MATTER OF THE PETITION OF ALFREDO T. LUY TO BE ADMITTED A CITIZEN OF THE REPUBLIC OF THE PHILIPPINES, ALFREDO T. LUY,petitioner-appellee,
vs.
REPUBLIC OF THE PHILIPPINES,oppositor-appellant.
Office of the Solicitor General Antonio P. Barredo, Assistant Solicitor General Pacifico P. de Castro and Solicitor Vicente A. Torres for oppositor-appellant.
CONCEPCION,C.J.:
The Solicitor General seeks the reversal of a decision of the Court of First Instance of Misamis Occidental, granting the application for naturalization, as citizen of the Philippines, of herein appellee, Alfredo Tan Luy.
The main question for determination in this appeal is whether or not the lower court has erred in rendering the decision appealed from, considering the fact that, admittedly, appellee had not filed the declaration of intention required in Section 5 of Commonwealth Act No. 473, commonly known as the Revised Naturalization; Law, Appellee maintains, and the lower court held that he is exempt from said requirement, he having, allegedly, been born in the Philippines and completed his primary, elementary and secondary education at the Zamboanga City Chinese High School.
It should be noted, however, that to impart the benefits of said exemption, petitioner's primary and secondary education — in addition to birth in the Philippines — must have been received "in public schools or those recognized by the Government andnot limited to any race or nationality."1The record shows that the Zamboanga City Chinese High School wasnotgranted Government recognition until 1958, whereas appellee finished high school therein in 1959, so that the institution hadnot,as yet been recognized by the Government when he completed his primary and elementary education, as well as when he finished second year high school in 1957.
What is more, it has not been properly established that said institution is "not limited to any race or nationality." We must bear in mind that this characteristic "cannot be presumed from the fact that the school is recognized by the Government,"2but must be adequately made out by the appellee, who has the burden of proof in relation thereto, as one of the basic premises of the exemption invoked by him. The necessity of "clear and convincing" evidence thereon3is underscored by the adverse implications arising from the term "Chinese" appearing in the name of said school, and from the fact that it is maintained by the Chinese Educational Society of Zamboanga, and that its principal teacher is a Chinese. The latter's certification to the effect that the "school is not limited to any nationality, race or creed,"4is not a statement of fact, but a mere conclusion, which is incumbent upon the Court to draw.
Then, too, We are not satisfied that appellee's alleged birth in the Philippines has been duly proven. Obviously, his testimony to such effect is insufficient therefor.5So are his certificate of residence, Exh.ℒαwρhi৷V — dated October 30, 1954 or over 17 years after his alleged birth on August 8, 1937 — issued by the Bureau of Immigration, and his baptismal certificate — issued on March 19, 1961 — since the former merely established his right to reside in the Philippines, whereas the latter attests to his baptism at the place and on the date stated therein — May 15, 1940 several years after his birth, and neither is the proper evidence of the date and place of such birth.6Again, appellee has not given a reasonable explanation for the non-production of his birth certificate. His testimony to the effect that the latter had been "misplaced or lost" by the Local Civil Registrar is, to be sure, far from satisfactory. Worse still, it bears the earmarks of being fanciful, inasmuch as the record of births is contained, not in individual loose leaves, but in well bound, thick and ponderous record books, which cannot just be "misplaced or lost."
Lastly, it is conceded that appellee has not obtained from the Minister of the Interior of Nationalist China, of which he is a citizen, or even applied therefrom for the permission, required by laws of China, in order that he could validly renounce his allegiance thereto and acquire another citizenship. Inasmuch as no alien may, in general, be naturalized as citizen of the Philippines without divesting himself of the nationality he has at the time of his naturalization, by renouncing such nationality, it is clear that appellee's petition cannot be granted:7
WHEREFORE,the judgment appealed from is hereby reversed, and another one shall be entered denying the petition for naturalization of Alfredo T. Luy and dismissing this case, with costs against him. It is so ordered.
Reyes, J.B.L., Dizon, Makalintal and Zaldivar, JJ., concur.
Castro, Fernando, Teehankee and Villamor, JJ., concur in the result.
Footnotes