96-rp Vs Li Ching Chung
96-rp Vs Li Ching Chung
96-rp Vs Li Ching Chung
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* THIRD DIVISION.
250
251
tended to him by the State; the applicant does not possess any natural,
inherent, existing or vested right to be admitted to Philippine citizenship.
The only right that a foreigner has, to be given the chance to become a
Filipino citizen, is that which the statute confers upon him; and to acquire
such right, he must strictly comply with all the statutory conditions and
requirements. The absence of one jurisdictional requirement is fatal to the
petition as this necessarily results in the dismissal or severance of the
naturalization process.
Same; Res Judicata; Unlike in ordinary judicial contest, the granting
of a petition for naturalization does not preclude the reopening of that case
and giving the government another opportunity to present new evidence. A
decision or order granting citizenship will not even constitute res judicata to
any matter or reason supporting a subsequent judgment cancelling the
certification of naturalization already granted, on the ground that it had
been illegally or fraudulently procured. For the same reason, issues even if
not raised in the lower court may be entertained on appeal.—It should be
emphasized that “a naturalization proceeding is so infused with public
interest that it has been differently categorized and given special treatment,
x x x [U]nlike in ordinary judicial contest, the granting of a petition for
naturalization does not preclude the reopening of that case and giving the
government another opportunity to present new evidence. A decision or
order granting citizenship will not even constitute res judicata to any matter
or reason supporting a subsequent judgment cancelling the certification of
naturalization already granted, on the ground that it had been illegally or
fraudulently procured. For the same reason, issues even if not raised in the
lower court may be entertained on appeal. As the matters brought to the
attention of this Court x x x involve facts contained in the disputed decision
of the lower court and admitted by the parties in their pleadings, the present
proceeding may be considered adequate for the purpose of determining the
correctness or incorrectness of said decision, in the light of the law and
extant jurisprudence.”
252
MENDOZA, J.:
This Petition for Review on Certiorari1 under Rule 45 of the
1997 Rules of Civil Procedure filed by the Republic of the
Philippines, represented by the Office of the Solicitor General
(OSG), challenges the June 30, 2011 Decision2 of the Court of
Appeals (CA) in CA-G.R. CV No. 93374, which affirmed the June 3,
2009 Decision3 of the Regional Trial Court, Branch 49, Manila
(RTC), granting the petition for naturalization of respondent Li
Ching Chung (respondent).
On August 22, 2007, respondent, otherwise known as Bernabe
Luna Li or Stephen Lee Keng, a Chinese national, filed his
Declaration of Intention to Become a Citizen of the Philippines
before the OSG.4
On March 12, 2008 or almost seven months after filing his
declaration of intention, respondent filed his Petition for
Naturalization before the RTC, docketed as Civil Case No. 08-
118905.5 On April 5, 2008, respondent filed his Amended Petition
for Naturalization,6 wherein he alleged that he was born on
November 29, 1963 in Fujian Province, People’s Republic of China,
which granted the same privilege of naturalization to Filipinos; that
he came to the Philippines on March 15, 1988 via Philippine
Airlines Flight PR 311 landing at the Ninoy Aquino International
Airport; that on November 19, 1989, he married Cindy Sze Mei
Ngar, a British national,
_______________
1 Rollo, pp. 8-42.
2 Id., at pp. 43-56. Penned by Associate Justice Amy C. Lazaro-Javier and
concurred by Associate Justice Rebecca de Guia Salvador and Associate Justice
Marlene Gonzales-Sison.
3 Id., at pp. 57-64. Penned by Pairing Judge William Simon P. Peralta.
4 Records, pp. 20-21.
5 Id., at pp. 1-4.
6 Id., at pp. 26-29.
253
with whom he had four (4) children, all born in Manila; that he had
been continuously and permanently residing in the country since his
arrival and is currently a resident of Manila with prior residence in
Malabon; that he could speak and write in English and Tagalog; that
he was entitled to the benefit of Section 3 of Commonwealth Act
(CA) No. 473 reducing to five (5) years the requirement under
Section 2 of ten years of continuous residence, because he knew
English and Filipino having obtained his education from St.
Stephen’s High School of Manila; and that he had successfully
established a trading general merchandise business operating under
the name of “VS Marketing Corporation.”7 As an entrepreneur, he
derives income more than sufficient to be able to buy a
condominium unit and vehicles, send his children to private schools
and adequately provide for his family.8
In support of his application, he attached his barangay
certificate,9 police clearance,10 alien certification of registration,11
immigration certificate of residence,12 marriage contract,13
authenticated birth certificates of his children,14 affidavits of his
character witnesses,15 passport,16 2006 annual income tax return,17
declaration of intention to become a citizen of the Philippines18 and
a certification19 from the Bureau of Immi-
_______________
7 Id., at p. 298. TSN dated April 3, 2009, p. 10.
8 Id., at pp. 26-27.
9 Id., at p. 5.
10 Id., at p. 6.
11 Id., at p. 7.
12 Id., at p. 8.
13 Id., at p. 9.
14 Id., at pp. 10-13.
15 Id., at pp. 14-15.
16 Id., at p. 16.
17 Id., at p. 19.
18 Id., at pp. 20-21.
19 Id., at p. 22.
254
gration with a list of his travel records from January 30, 1994.20
Consequently, the petition was set for initial hearing on April 3,
2009 and its notice21 was posted in a conspicuous place at the
Manila City Hall and was published in the Official Gazette on June
30, 2008,22 July 7, 200823 and July 14, 2008,24 and in the Manila
Times,25 a newspaper of general circulation, on May 30, 2008,26
June 6, 200827 and June 13, 2008.28
Thereafter, respondent filed the Motion for Early Setting29
praying that the hearing be moved from April 3, 2009 to July 31,
2008 so he could acquire real estate properties. The OSG filed its
Opposition,30 dated August 6, 2008, arguing that the said motion for
early setting was a “clear violation of Section 1, RA 530, which
provides that hearing on the petition should be held not earlier than
six (6) months from the date of last publication of the notice.”31 The
opposition was already late as the RTC, in its July 31, 2008 Order,32
denied respondent’s motion and decreed that since the last
publication in the newspaper of general circulation was on June 13,
2008, the earliest setting could only be scheduled six (6) months
later or on December 15, 2008.
_______________
20 Id., at p. 23.
21 Id., at p. 49.
22 Id., at pp. 205-208 (Exhibit “A” and Exhibit “A-1”).
23 Id., at pp. 209-215 (Exhibit “B” and Exhibit “B-1”).
24 Id., at pp. 216-221 (Exhibit “C” and Exhibit “C-1”).
25 Id., at p. 222 (Exhibit “D”).
26 Id., at pp. 227-228 (Exhibit “G” and “G-1”).
27 Id., at pp. 225-226 (Exhibit “F” and Exhibit “F-1”).
28 Id., at pp. 223-224 (Exhibit “E” and Exhibit “E-1”).
29 Records, pp. 50-51.
30 Id., at pp. 55-59.
31 Id., at p. 56.
32 Id., at p. 54.
255
VOL. 694, MARCH 20, 2013 255
Republic vs. Li Ching Chung
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33 Id., at p. 60.
34 Id., at pp. 111-128.
35 Id., at pp. 155-156.
36 Rollo, pp. 57-64.
256
committed any act prejudicial to the interest of the nation or contrary to any
Government announced policies.
As soon as this decision shall have become executory, as provided under
Section 1 of Republic Act No. 530, the Clerk of Court of this Branch is
hereby directed to issue to the Petitioner a Naturalization Certificate, after
the Petitioner shall have subscribed to an Oath, in accordance with Section
12 of Commonwealth Act No. 472, as amended.
The Local Civil Registrar of the City of Manila is, likewise directed to
register the Naturalization Certificate in the proper Civil Registry.
SO ORDERED.37
_______________
37 Id., at pp. 63-64.
38 Records, pp. 391-393.
39 Rollo, pp. 43-56.
40 Id., at p. 53.
41 Id., at pp. 54-55.
257
The OSG argues that “the petition for naturalization should not
be granted in view of its patent jurisdictional infirmities, particularly
because: 1) it was filed within the one (1) year proscribed period
from the filing of declaration of intention; 2) no certificate of arrival,
which is indispensable to the validity of the Declaration of Intention,
was attached to the petition; and 3) respondent’s failure to comply
with the publication and posting requirements set under CA 473.”45
In particular, the OSG points out that the publication and posting
requirements were not strictly followed, specifically citing that: “(a)
the hearing of the petition on 15 December 2008 was set ahead of
the scheduled date of hearing on 3 April 2009; (b) the order moving
the date of hearing (Order dated 31 July 2008) was not published;
and, (c) the petition was heard
_______________
42 Id., at p. 55.
43 Id., at pp. 8-42.
44 Id., at pp. 131-132.
45 Id., at p. 22.
258
within six (6) months (15 December 2008) from the last publication
(on 14 July 2008).”46
The petition is meritorious.
Section 5 of CA No. 473,47 as amended,48 expressly states:
_______________
46 Id., at p. 147.
47 An Act to Provide for the Acquisition of Philippine Citizenship by
Naturalization, and to Repeal Acts Numbered Twenty-Nine Hundred and Twenty-
Seven and Thirty-Four Hundred and Forty-Eight.
48 Republic Act No. 530.
49 94 Phil. 882, 884 (1954).
259
The language of the law on the matter being express and explicit, it is
beyond the province of the courts to take into account questions of
expediency, good faith and other similar reasons in the construction of its
provisions (De los Santos vs. Mallare, 87 Phil., 289; 48 Off. Gaz., 1787).
Were we to accept the view of the lower court on this matter, there would be
no good reason why a petition for naturalization cannot be filed one week
after or simultaneously with the filing of the required declaration of
intention as long as the hearing is delayed to a date after the expiration of
the period of one year. The ruling of the lower court amounts, in our
opinion, to a
_______________
50 Ledesma, An Outline of Philippine Immigration and Citizenship Laws, Volume I, 2006,
pp. 553-554.
51 111 Phil. 805; 1 SCRA 1166 (1961).
260
substantial change in the law, something which courts can not do, their duty
being to apply the law and not tamper with it.52
_______________
52 Id., at pp. 807-808; pp. 1168-1169.
53 Jesus Uy Yap v. Republic, 91 Phil. 914 (1952).
54 95 Phil. 326 (1954).
261
The appeal is predicated on the fact that the petition for naturalization
was filed (26 October 1950) before the lapse of one year from and after the
filing of a verified declaration of his bona fide intention to become a citizen
(4 April 1950), in violation of Section 5 of Commonwealth Act No. 473, as
amended.
The position of the Government is well taken, because no petition for
naturalization may be filed and heard and hence no decree may be issued
granting it under the provisions of Commonwealth Act No. 473, as
amended, before the expiration of one year from and after the date of the
filing of a verified declaration of his bona fide intention to become a citizen
of the Philippines. This is mandatory.55 Failure to raise in the lower court
the question of non-compliance therewith does not preclude the Government
from raising it on appeals.56
Nevertheless, after the one-year period, the applicant may renew his
petition for naturalization and the evidence already taken or heard may be
offered anew without the necessity of bringing to court the witnesses who
had testified. And the Government may introduce evidence in support of its
position.57
The decree granting the petition for naturalization is set aside, without
costs.
_______________
55 Jesus Uy Yap v. Republic, supra note 52.
56 Cruz v. Republic, 49 Off. Gaz., 958.
57 Jesus Uy Yap v. Republic, supra note 52.
58 Sy v. Republic, 154 Phil. 673, 677-678; 55 SCRA 724, 728 (1974).
262
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59 Mo Yuen Tsi v. Republic, 115 Phil. 401, 410; 5 SCRA 407, 415 (1962).
60 Republic v. Reyes, 122 Phil. 931, 934; 15 SCRA 538, 540-541 (1965).
263