June 1967 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. 20478 June 29, 1967 - IN RE: NEMESIO HUANG v. REPUBLIC OF THE PHIL.:
EN BANC
[G.R. No. 20478. June 29, 1967.]
IN THE MATTER OF THE PETITION FOR NATURALIZATION OF NEMESIO HUANG (UY). NEMESIO HUANG (UY), petitioner and appellee, v. REPUBLIC OF THE PHILIPPINES, oppositor and Appellant.
Solicitor General Arturo A. Alafriz, Assistant Solicitor General Pacifico P. de Castro & Solicitor C . S. Gaddi for oppositor and Appellant.
Sycip, Salazar, Luna & Associates for petitioner and appellee.
SYLLABUS
1. NATURALIZATION; PUBLICATION OF THE NOTICE OF HEARING MADE ONLY ONCE; EFFECT ON THE VALIDITY OF THE CERTIFICATE ISSUED. — The doctrine laid down in the Ong Son Cui case — which applies to the present — affects the validity of certificates of naturalization issued after, not not or before Mar 29, 1957; and certificates of naturalization issued on or before May 29, 1957, even if notice of the petition for naturalization had been published once only, should be nullified.
D E C I S I O N
DIZON, J.:
Appeal taken by the Republic of the Philippines from the order of the Court of First Instance of Manila in Civil Case No. 21127 dated October 12, 1962 dismissing its petition to declare null and void the final decision rendered therein and to cancel the certificate of naturalization issued to Nemesio Huang (Uy) in accordance therewith, on the ground of lack of jurisdiction because the publication of the notice of hearing on the petition for naturalization in the Official Gazette was made only once.
It is admitted that on November 2, 1953, Nemesio Huang (Uy) filed a petition for naturalization with the Court of First Instance of Manila (Civil Case No. 21127). On November 6 of the same year, the court ordered that the corresponding notice of hearing be published once a week for three consecutive weeks in the Official Gazette. Said notice was actually published only once in the Official Gazette in No. 11, Vol. 49 monthly issue. After trial, the court rendered its decision admitting appellee to Philippine citizenship, and after the same had become final and executory and due hearing was had, appellee took his oath of allegiance on September 1, 1956.
The present petition for cancellation of appellee’s certificate of naturalization was filed on May 10, 1962, the State relying on our ruling in Ong Son Cui v. Republic, G. R. No. L-9858, May 29, 1957, to the effect that one publication in the official gazette was insufficient to confer jurisdiction to the court a quo to try and decide the petition.
In view of our recent ruling in the Gan Tsitung case (G. R. No. L-20819) to the effect that ‘the doctrine laid down in the Ong Son Cui case shall apply and affect the validity of certificates of naturalization issued after, not on or before, May 29, 1957" and that "certificate of naturalization issued on or before May 29, 1957, even if notice of the petition for naturalization had been published once only . . . should not be nullified", We find the order appealed from to be in accordance with law. Consequently, the same is hereby affirmed, without costs.
Concepcion, C.J., Reyes, J .B.L., Makalintal, Bengzon, J .P., Zaldivar, Sanchez and Castro, JJ., concur.
It is admitted that on November 2, 1953, Nemesio Huang (Uy) filed a petition for naturalization with the Court of First Instance of Manila (Civil Case No. 21127). On November 6 of the same year, the court ordered that the corresponding notice of hearing be published once a week for three consecutive weeks in the Official Gazette. Said notice was actually published only once in the Official Gazette in No. 11, Vol. 49 monthly issue. After trial, the court rendered its decision admitting appellee to Philippine citizenship, and after the same had become final and executory and due hearing was had, appellee took his oath of allegiance on September 1, 1956.
The present petition for cancellation of appellee’s certificate of naturalization was filed on May 10, 1962, the State relying on our ruling in Ong Son Cui v. Republic, G. R. No. L-9858, May 29, 1957, to the effect that one publication in the official gazette was insufficient to confer jurisdiction to the court a quo to try and decide the petition.
In view of our recent ruling in the Gan Tsitung case (G. R. No. L-20819) to the effect that ‘the doctrine laid down in the Ong Son Cui case shall apply and affect the validity of certificates of naturalization issued after, not on or before, May 29, 1957" and that "certificate of naturalization issued on or before May 29, 1957, even if notice of the petition for naturalization had been published once only . . . should not be nullified", We find the order appealed from to be in accordance with law. Consequently, the same is hereby affirmed, without costs.
Concepcion, C.J., Reyes, J .B.L., Makalintal, Bengzon, J .P., Zaldivar, Sanchez and Castro, JJ., concur.