Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) |

Petitioners: Edison So
Respondents: Republic of the Philippines

Recit Ready Summary
Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition.

The issue is W/N So qualifies for Philippines Citizenship and the Court said NO.

It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to native born citizens who lived in the Philippines since birth. He applied for naturalization BY JUDICIAL ACT kasi purusuant to CA No 473, hence he will be governed by that law and not RA 9139. Also, if we go with Petitioner So’s argument, to adopt that would be contrary to the intent of the legislature to liberalize the naturalization procedure in the country. Hence, the petition was DENIED.

FACTS:

  • Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law. 
  • He presented 2 witnesses: o Fam business lawyer Atty. Adasa 
    • UST classmate Mark Salcedo 
  • Both witnesses claimed na di naman daw siya rebellious or against the government or anything, in other words, he does not possess daw any of the disqualifications laid down by the naturalization laws. 
  • RTC granted So’s petition. 
  • Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. 
  • CA set aside RTC’s decision. 
  • Hence, this present petition. Additional, just in case Sir gets detailed. Petitioner So is a UST med student. He graduated Pharmacy with UST friend Mark Salcedo. 

ISSUES: W/N So qualifies for Philippine citizenship? NO.

HELD:
Note: Petitioner So claims kasi that the qualifications an applicant for naturalization should possess are those provided for in R.A. No. 9139 and NOT those set forth in C.A. No. 473. READ THE NOTES SECTION of this digest for the 3 kinds of naturalization!

A. The qualifications that an applicant for naturalization by judicial act are found in CA No. 473. For the qualifications naman of an applicant by administration, those are found in RA 9139 aka the Administrative Naturalization Law of 2000. (Note: this RA 9139 was enacted to make the process of acqiring Phil citizenship less tedious, less technical, and more encouraging. It is also meant to address the concerns of degree holders who, by reason of lack of citizenship requirement, cannot practice by reason of lack of citizenship requirement, cannot practice their profession, thus promoting “brain gain” for the Philippines.)

1.Remember, the difference betwwen CA 473 and RA 9139 is that the former applies to ALL ALIENS regardless of class while the latter covers NATIVE-BORN ALIENS who lived in the Phil all their lives and srsly thought they were Filipinos and have shown loyalty and affinity to Filipino customs and traditions.

a. Nothing shows that RA No. 9139 intended to REPEAL CA No. 473.

b. what the legislature had in mind was merely to prescrIbe another mode of acquiring Phi citizenship which may be availed og by native born aliens

c. the only implication is that a native born alien has the choice to apply for judicial or administrative naturalization, subject to the prescibed qualifications and disqualification

d. IN THIS CASE, Petitioner So applied for naturalization BY JUDICIAL ACT, tho at the time of the filing of his petition, administrative naturalization under RA No. 9139 was already available. Consequently, his application should be governed by CA No. 473.


2. If the qualifications prescribed in RA 9139 would be made applicable even to judicial naturalization, the coverage of the law would be broadened since it would then apply even to aliens who are not native born!

3. Applying the provisions of RA 9139 to judicial naturalization would be contrary to the intention of the legislature to liberalize the naturalization procedure in the country. One of the qualifications set forth in RA No. 9139 is that the applicant was born in the Phil AND should have been residing herein since birth! Thus if for example u were born here in Phil but you left the country, even if u resided pa here for more than 10 years from ur filing of ur application, U R STILL considered DISQUALIFIED. An alien who is not qualified under RA 9139 may still be naturalized under CA No. 473 (if we maintain the distinct qualifications under each of the two laws). Extra: The SC didn’t think that the 2 witnesses presented were credible. They just merely gave general answers. Or in the case of the UST classmate, he just kept answering with Yes or No as if di sila close. Hence, SC said na mukhang they didn’t really know Petitioner So well enough. The fam atty perhaps knew the family but not Petitioner So personally daw din. Disposition Petition DENIED

DISPOSITION: Petition DENIED.

Notes

  • Naturalization – signifies the act of formally adopting a foreigner into the political body of a nation by clothing him or her with the privileges of a citizen
  • In naturalization proceedings, it is the burden of the applicant to prove not only his or her own good moral character (GMC) but also the GMC of his or her witnesses, who must be credible persons.
  • A naturalization proceeding is NOT a judicial adversary proceeding and the decision rendered therein does not constitute res judicata. 
  • Three ways by which an alien may become a citizen by naturalization:
    1.ADMINISTRATIVE NATURALIZATION
    2.JUDICIAL NATURALIZATION pursuant to CA No. 473
    3.LEGISLATIVE NATURALIZATION in the form of a law enacted by Congress bestowing Phil citizenship to an alien.

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