G.R. No. L-25637 - In Re: Jesus Sy Dy. Jesus Sy Dy vs. Republic

Manila

EN BANC

G.R. No. L-25637 February 20, 1971

IN THE MATTER OF THE PETITION FOR ADMISSION AS CITIZEN OF THE PHILIPPINES. JESUS SY DY alias DESIONG,petitioner-appellee,
vs.
REPUBLIC OF THE PHILIPPINES,oppositor-appellant.

Jesus Esmeña Campos for petitioner-appellee.

Office of the Solicitor General Antonio P. Barredo, Assistant Solicitor General Pacifico P. de Castro and Solicitor Dominador L. Quiroz for oppositor-appellant.

CONCEPCION,C.J.:

Appeal, taken by the Solicitor General, from a decision of the Court of First Instance of Cebu granting the petition, of appellee Jesus Sy DyaliasDesiong, for naturalization as citizen of the Philippines.ℒαwρhi৷

Appellant maintains that the lower court erred in not denying said petition for naturalization upon the grounds hereinafter discussed, which We find to be well taken. In this connection the record shows,inter alia,the following:

1. The appellee had not filed a declaration of his intention to apply for naturalization, which is a condition precedent therefor.1Although he claims to be exempt from the requirement of filing said declaration, upon the ground of birth in the Philippines, this fact alone is insufficient to entitle him to the exemption. Under the law, the petitioner must have, moreover,received his"primary and secondary educationin public schools or those recognized by the Government and not limited to any race or nationality ... "2It has been repeatedly held that, pursuant to this provision, to avail of said exemption, the applicant for naturalization must havecompletedorfinishedhis primary and secondary education in said schools.3Upon the other hand, herein appellee was merely a third year high school student when he took the witness stand, in May, 1965, so that he must have been in the second year high school at the time of the filing of his petition on August 14, 1964. Hence, the lower court did not even have jurisdiction to entertain the petition
herein.4

2. Appellee had not secured, from the Minister of the Interior of the Republic of China, the permission, required by its laws, to renounce his Chinese citizenship and thus divest himself thereof.5Inasmuch as he cannot become a citizen of the Philippines by naturalization without a valid renunciation of the allegiance he owes to his country,6it follows that his petition for naturalization cannot be granted.7Otherwise, he would owe allegiance to China, despite his Philippine citizenship, if conferred upon him, which is contrary to the letter and spirit of our Naturalization Laws.

3. Appellee has no lucrative trade or profession, his gross income for the year 1964, combined with that of his wife, being merely P4,300.00. Considering that they, likewise, have a child,8it is clear that said income is far from being lucrative and that appellee lacks, accordingly, one of the requisite qualifications for naturalization as citizen of the Philippines.9

The Solicitor General points out other flaws in the Evidence for appellee herein, but those already adverted to suffice to show that the lower court, has committed a reversible error in granting the petition for naturalization of herein appellee.

WHEREFORE,the judgment appealed from should be, as it is hereby reversed, and another one shall be entered denying the petition for naturalization of appellee Jesus Sy Dy, alias Desiong, and dismissing the case at bar, with costs against said appellee. It is so ordered.

Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Villamor and Makasiar, JJ., concur.

Barredo, J., took no part.

Footnotes