Edison So VsRepublic
Edison So VsRepublic
Edison So VsRepublic
DECISION
Assailed in this Petition for Review on Certiorari is the Decision[1] of the Court of Appeals (CA) in CA-G.R. CV
No. 80437 which reversed the Decision[2] of the Regional Trial Court (RTC) of Manila, Branch 8, in
Naturalization Case No. 02-102984. Likewise assailed is the appellate courts Resolution denying the Motion
for Reconsideration of its Decision.
Antecedents
On February 28, 2002, petitioner Edison So filed before the RTC a Petition for Naturalization [3] under
Commonwealth Act (C.A.) No. 473, otherwise known as the Revised Naturalization Law, as amended.He
alleged the following in his petition:
He was born on February 17, 1982, in Manila; he is a Chinese citizen who has lived in No. 528
Lavezares St., Binondo, Manila, since birth; as an employee, he derives an average annual income of
around P100,000.00 with free board and lodging and other benefits; he is single, able to speak and write
English, Chinese and Tagalog; he is exempt from the filing of Declaration of Intention to become a citizen of
the Philippines pursuant to Section 6 of Commonwealth Act (C.A.) No. 473, as amended, because he was born
in the Philippines, and studied in a school recognized by the Government where Philippine history,
government and culture are taught; he is a person of good moral character; he believes in the principles
underlying the Philippine constitution; he has conducted himself in a proper and irreproachable manner
during the entire period of his residence in the Philippines in his relation with the constituted government as
well as with the community in which he is living; he has mingled socially with the Filipinos and has evinced a
sincere desire to learn and embrace the customs, traditions and ideals of the Filipino people; he has all the
qualifications provided under Section 2 and none of the disqualifications under Section 4 of C.A. No. 473, as
amended; he is not opposed to organized government or affiliated with any association or group of persons
who uphold and teach doctrines opposing all organized governments; he is not defending or teaching the
necessity or propriety of violence, personal assault or assassination for the success or predominance of mens
ideas; he is not a polygamist or a believer in the practice of polygamy; he has not been convicted of any crime
involving moral turpitude; he is not suffering from any incurable contagious diseases or from mental
alienation; the nation of which he is a citizen is not at war with the Philippines; it is his intention in good faith
to become a citizen of the Philippines and to renounce absolutely and forever all allegiance and fidelity to any
foreign prince, potentate, state or sovereignty, and particularly to China; and he will reside continuously in
the Philippines from the time of the filing of the petition up to the time of his admission as citizen of the
Philippines. The petition was docketed as Naturalization Case No. 02-102984.
Attached to the petition were the Joint Affidavit [4] of Atty. Artemio Adasa, Jr. and Mark B. Salcedo; and
petitioners Certificate of Live Birth,[5] Alien Certificate of Registration,[6] and Immigrant Certificate of
Residence.[7]
On March 22, 2002, the RTC issued an Order[8] setting the petition for hearing at 8:30 a.m. of
December 12 and 17, 2002 during which all persons concerned were enjoined to show cause, if any, why the
petition should not be granted. The entire petition and its annexes, including the order, were ordered
published once a week for three consecutive weeks in the Official Gazette and also in a newspaper of general
circulation in the City of Manila. The RTC likewise ordered that copies of the petition and notice be posted in
public and conspicuous places in the Manila City Hall Building. [9]
Petitioner thus caused the publication of the above order, as well as the entire petition and its annexes, in the
Official Gazette on May 20, 2002[10] and May 27, 2002,[11] and in Today, a newspaper of general circulation in
the City of Manila, on May 25, 2002 and June 1, 2002.
No one opposed the petition. During the hearing, petitioner presented Atty. Adasa, Jr. who testified that he
came to know petitioner in 1991 as the legal consultant and adviser of the So familys business. He would
usually attend parties and other social functions hosted by petitioners family. He knew petitioner to be
obedient, hardworking, and possessed of good moral character, including all the qualifications mandated by
law. Atty. Adasa, Jr. further testified that petitioner was gainfully employed and presently resides at No. 528
Lavezares Street, Binondo, Manila; petitioner had been practicing Philippine tradition and those embodied in
the Constitution; petitioner had been socially active, mingled with some of his neighbors and had conducted
himself in a proper and irreproachable manner during his entire stay in the Philippines; and petitioner and
his family observed Christmas and New Year and some occasions such as fiestas. According to the witness,
petitioner was not disqualified under C.A. No. 473 to become a Filipino citizen: he is not opposed to organized
government or believes in the use of force; he is not a polygamist and has not been convicted of a crime
involving moral turpitude; neither is he suffering from any mental alienation or any incurable disease.[12]
Another witness for petitioner, Mark Salcedo, testified that he has known petitioner for ten (10) years; they
first met at a birthday party in 1991. He and petitioner were classmates at the University of Santo
Tomas (UST) where they took up Pharmacy. Petitioner was a member of some school organizations and
mingled well with friends.[13] Salcedo further testified that he saw petitioner twice a week, and during fiestas
and special occasions when he would go to petitioners house. He has known petitioner to have resided
in Manila since birth. Petitioner is intelligent, a person of good moral character, and believes in the principles
of the Philippine Constitution. Petitioner has a gainful occupation, has conducted himself in a proper and
irreproachable manner and has all the qualifications to become a Filipino citizen.
Petitioner also testified and attempted to prove that he has all the qualifications and none of the
disqualifications to become a citizen of the Philippines.
At the conclusion of his testimonial evidence, petitioner offered in evidence the following documents:
(1) Certificate of Live Birth;[14] (2) Alien Certificate of Registration;[15] (3) Immigrant Certificate of
Residence;[16] (4) Elementary Pupils[17] and High School Students[18] Permanent Record issued by Chang Kai
Shek College; (5) Transcript of Record issued by the University of Santo Tomas;[19] (6) Certification of Part-
Time Employment dated November 20, 2002; [20] (7) Income Tax Returns and Certificate of Withholding Tax for
the year 2001;[21] (8) Certification from Metrobank that petitioner is a depositor;[22] (9) Clearances that he has
not been charged or convicted of any crime involving moral turpitude; [23] and (10) Medical Certificates and
Psychiatric Evaluation issued by the Philippine General Hospital. [24] The RTC admitted all these in evidence.
The RTC granted the petition on June 4, 2003.[25] The fallo of the decision reads:
WHEREFORE, judgment is hereby rendered GRANTING the petition and declaring that
petitioner EDISON SO has all the qualifications and none of the disqualifications to become a
Filipino citizen and he is hereby admitted as citizen of the Philippines, after taking the
necessary oath of allegiance, as soon as this decision becomes final, subject to payment of cost
of P30,000.00.
SO ORDERED.[26]
The trial court ruled that the witnesses for petitioner had known him for the period required by law, and they
had affirmed that petitioner had all the qualifications and none of the disqualifications to become a Filipino
citizen. Thus, the court concluded that petitioner had satisfactorily supported his petition with evidence.
Respondent Republic of the Philippines, through the Office of the Solicitor General (OSG), appealed the
decision to the CA on the following grounds:
I.
THE LOWER COURT ERRED IN GRANTING THE PETITION FOR NATURALIZATION DESPITE
THE FACT THAT THE TWO (2) CHARACTER WITNESSES, NAMELY: ARTEMIO ADASA, JR.
AND MARK SALCEDO WERE NOT QUALIFIED CHARACTER WITNESSES.
II.
PETITIONER IS NOT QUALIFIED TO BE ADMITTED AS CITIZEN OF THE PHILIPPINES.[27]
Respondent contended that based on the evidence on record, appellee failed to prove that he possesses all the
qualifications under Section 2 and none of the disqualifications under Section 4 of C.A. No. 473. It insisted
that his two (2) character witnesses did not know him well enough to vouch for his fitness to become a
Filipino citizen; they merely made general statements without giving specific details about his character and
moral conduct.[28] The witnesses did not even reside in the same place as petitioner. [29]Respondent likewise
argued that petitioner himself failed to prove that he is qualified to become a Filipino citizen because he did
not give any explanation or specific answers to the questions propounded by his lawyer. He merely answered
yes or no or gave general statements in answer to his counsels questions. Thus, petitioner was unable to
prove that he had all the qualifications and none of the disqualifications required by law to be a naturalized
Filipino citizen.[30]
On the other hand, petitioner averred that he graduated cum laude from the UST with the degree of Bachelor
of Science in Pharmacy. He is now on his second year as a medical student at the UST Medicine and
Surgery. He avers that the requirements for naturalization under C.A. No. 473, as amended by LOI 270, in
relation to Presidential Decree Nos. 836 and 1379, had been relaxed after the Philippine government entered
into diplomatic relations with the Peoples Republic of China; the requirements were further relaxed when
Republic Act (R.A.) No. 9139 was signed into law. [31] Petitioner pointed out that the petition, with all its
annexes, was published in the official gazette and a newspaper of general circulation; notices were likewise
sent to the National Bureau of Investigation, Department of Justice, Department of Foreign Affairs, and the
OSG. But none from these offices came forward to oppose the petition before the lower court. [32] Petitioner
insisted that he has all the qualifications and none of the disqualifications to become Filipino. This was
clearly established by his witnesses.
In its Reply Brief, respondent alleged that R.A. No. 9139 applies to administrative naturalization filed with the
Special Committee on Naturalization. It insisted that even in the absence of any opposition, a petition for
naturalization may be dismissed.
In its Decision[33] dated August 4, 2005, the CA set aside the ruling of the RTC and dismissed the petition for
naturalization without prejudice.[34] According to the CA, petitioners two (2) witnesses were not credible
because they failed to mention specific details of petitioners life or character to show how well they knew him;
they merely parroted the provisions of the Naturalization Act without clearly explaining their applicability to
petitioners case.[35] The appellate court likewise ruled that petitioner failed to comply with the requirement of
the law that the applicant must not be less than 21 years of age on the day of the hearing of the petition;
during the first hearing on December 12, 2002, petitioner was only twenty (20) years, nine (9) months, and
twenty five (25) days old, falling short of the requirement.[36] The CA stated, however, that it was not its
intention to forever close the door to any future application for naturalization which petitioner would file, and
that it believes that he would make a good Filipino citizen in due time, a decided asset to this country. [37]
Petitioners motion for reconsideration[38] was denied in a Resolution[39] dated November 24, 2005; hence, the
present petition grounded on the sole issue:
In support of his petition, petitioner reiterates the arguments he set forth in the Brief filed before the CA.
In its Comment[41] on the petition, respondent countered that R.A. No. 9139 (which took effect on
August 8, 2001 and where the applicants age requirement was lowered to eighteen (18) years old), refers only
to administrative naturalization filed with the Special Committee on Naturalization; it does not apply to
judicial naturalization before the court, as in the present case. [42] Respondent, through the OSG, avers that its
failure to oppose the petition before the court a quo does not preclude it from appealing the decision of the
RTC to the CA; it is even authorized to question an already final decision by filing a petition for cancellation of
citizenship.[43] Lastly, respondent reiterates its argument that petitioners character witnesses are not qualified
to prove the formers qualifications.
In determining whether or not an applicant for naturalization is entitled to become a Filipino citizen, it is
necessary to resolve the following issues: (1) whether or not R.A. No. 9139 applies to petitions for
naturalization by judicial act; and (2) whether or not the witnesses presented by petitioner are credible in
accordance with the jurisprudence and the definition and guidelines set forth in C.A. No. 473.
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.[44] Under current and existing laws, there are three ways by which
an alien may become a citizen by naturalization: (a) administrative naturalization pursuant to R.A. No. 9139;
(b) judicial naturalization pursuant to C.A. No. 473, as amended; and (c) legislative naturalization in the form
of a law enacted by Congress bestowing Philippine citizenship to an alien. [45]
Petitioners contention 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 is barren of merit. The qualifications and
disqualifications of an applicant for naturalization by judicial act are set forth in Sections 2[46] and 4[47] of C.A.
No. 473. On the other hand, Sections 3[48] and 4[49] of R.A. No. 9139 provide for the qualifications and
disqualifications of an applicant for naturalization by administrative act.
Indeed, R.A. No. 9139 was enacted as a remedial measure intended to make the process of acquiring
Philippine citizenship less tedious, less technical and more encouraging.[50] It likewise addresses the concerns
of degree holders who, by reason of lack of citizenship requirement, cannot practice their profession, thus
promoting brain gain for the Philippines.[51] These however, do not justify petitioners contention that the
qualifications set forth in said law apply even to applications for naturalization by judicial act.
First. C.A. No. 473 and R.A. No. 9139 are separate and distinct laws the former covers all aliens regardless of
class while the latter covers native-born aliens who lived here in the Philippines all their lives, who never saw
any other country and all along thought that they were Filipinos; who have demonstrated love and loyalty to
the Philippines and affinity to the customs and traditions. [52] To reiterate, the intention of the legislature in
enacting R.A. No. 9139 was to make the process of acquiring Philippine citizenship less tedious, less technical
and more encouraging which is administrative rather than judicial in nature. Thus, although the legislature
believes that there is a need to liberalize the naturalization law of the Philippines, there is nothing from which
it can be inferred that C.A. No. 473 was intended to be amended or repealed by R.A. No. 9139. What the
legislature had in mind was merely to prescribe another mode of acquiring Philippine citizenship which may
be availed of by native born aliens. The only implication is that, a native born alien has the choice to apply for
judicial or administrative naturalization, subject to the prescribed qualifications and disqualifications.
In the instant case, petitioner applied for naturalization by judicial act, though at the time of the filing of his
petition, administrative naturalization under R.A. No. 9139 was already available. Consequently, his
application should be governed by C.A. No. 473.
Second. If the qualifications prescribed in R.A. No. 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. It must be stressed that R.A. No. 9139 applies only to aliens who were born in
the Philippines and have been residing here.
Third. Applying the provisions of R.A. No. 9139 to judicial naturalization is contrary to the intention of the
legislature to liberalize the naturalization procedure in the country. One of the qualifications set forth in R.A.
No. 9139 is that the applicant was born in the Philippines and should have been residing herein since
birth. Thus, one who was born here but left the country, though resided for more than ten (10) years from the
filing of the application is also disqualified. On the other hand, if we maintain the distinct qualifications under
each of the two laws, an alien who is not qualified under R.A. No. 9139 may still be naturalized under C.A.
No. 473.
Thus, absent a specific provision expressly amending C.A. No. 473, the law stands and the qualifications and
disqualifications set forth therein are maintained.
In any event, petitioner failed to prove that the witnesses he presented were competent to vouch for his good
moral character, and are themselves possessed of good moral character. It must be stressed that character
witnesses in naturalization proceedings stand as insurers of the applicants conduct and character. Thus, they
ought to testify on specific facts and events justifying the inference that the applicant possesses all the
qualifications and none of the disqualifications provided by law.[53]
Petitioners witnesses, Atty. Adasa and Salcedo, did not testify on his specific acts; they did not elaborate on
his traits. Their testimonies do not convince the Court that they personally know petitioner well and are
therefore in a position to vouch for his qualifications. As correctly found by the CA, the witnesses testimonies
consisted mainly of general statements in answer to the leading questions propounded by his counsel. What
they conveniently did was to enumerate the qualifications as set forth in the law without giving specific
details. The pertinent portion of Atty. Adasas testimony follows:
q Will you please tell us how did you come to know him?
a Well I came to know him[,] the petitioner[,] when I was the legal consultant and adviser of
their family business and I used to ah (sic) me[e]t him during my visit to their place way
back in 1991 to 1992.
q From that day of 1991 up to the present, is your relationship with the petitioner more or less
contin[u]ous?
a Yes, sir, because aside from the usual professional visit that I did to their family some social
function was sponsored normally and I am (sic) invited and I used to attend.
q During the birthday party of the petitioner, did you usually attend petitioners birthday?
a On several occasions I attend the birthday.
q Do you know for how long the petitioner resides in the Philippines?
a As far as I personally known (sic) Your Honor is that since birth.
q During all the times that you have know[n] the petitioner, what is your impression of his
conduct?
a Well ah (sic) I have personally known him to be obedient and hard working individual and ah
(sic) he has a good moral character and he has been ah (sic) no adverse report concerning
the character of the petitioner.
q In your opinion does the petitioner has the qualifications necessary to become [a] citizen of
the Philippines?
a Yes.
q Will you please tell us what are these customs which the petitioner embraced?
a Well I have observed that ah (sic) together with his family they used to ah observed (sic) the
usual Filipino celebration during Christmas and new year and some occasions such as
fiestas.
q And do you know whether petitioner is not disqualified under Commonwealth Act to become
Filipino citizen of the Philippines (sic)?
a Ah there has been no incident or occasion which I learned that would disqualify of coming
(sic) the citizen of the Republic of the Philippines. I have noticed that ah (sic) he is qualified
under Commonwealth Act 473 as amended because he is not opposed to ah (sic) organized
government. His family and himself does not believed (sic) in the use of force in the success
of his ideas and ah (sic) he is not a poligamist (sic) or believer in the practice of illegal and
he has not been convicted in any crime involving him in any crime (sic). and he is not
suffering from any mental alienation or any incurable contidious (sic) disease. as provided
for.
q Will you please tell us why you know all these stage?
a Because of ah (sic) the personal attachment with his family we have continuously having ah
(sic) the usual contact with his family.[54]
It can thus be inferred that Atty. Adasa is close to petitioners family, but not specifically to
petitioner. Atty. Adasas statements refer to his observations on the familys practices and not to petitioner in
particular. Nothing in his testimony suggests that he was close to petitioner and knew him well enough to
vouch for his qualifications.
q Will you please inform the Honorable court under what circumstances did you come to know
the petitioner?
a I met him in a birthday party in 1991, Sir.
q And from 1991 up to the present is your relationship with the petitioner more or
less contin[u]ous?
a Yes, Sir.
q And during this time that you met the petitioner, what did you usually do?
a We play some games, Sir. We play Patentero (sic).
q How about during fiestas in the place where the petitioner reside[s], did you also go during
fiestas?
a Yes, Sir.
q How many time[s] did you go to his (sic) residence of the petitioner?
a Twice a week, sir.
q Will you please tell us where the petitioner resides?
a The petitioner resides at 528 Lavezares Street, Tondo, Manila, Sir.
q During all the times that you have known the petitioner, will you please tell us your
impression of his conduct?
a He is a person of good moral, sir, and he believed in the principles of the Philippines (sic)
Constitution.
q Will you please cite one or two of these principles underlined the principles (sic) of
the Philippines (sic) Constitution?
a Ah the Philippines is a Republican of the (sic) state, sovereignty preside (sic) over the people
and the government authority emanate from within; and the other one is the civilian
government is not supreme over the military.
q Now in your opinion does the petitioner have all the qualifications necessary to become a
citizen of the Philippines?
a Yes, Sir.
q What else?
a He must be a Filipino and ah must practice the traditions and customs, Sir.
q Do you know whether the petitioner conducted himself in a proper and appraochable (sic)
manner during the period of his residence in the Philippines?
a Yes, Sir.
q And aside from being the secretary, what else did the petitioner do?
a He help (sic) in the factory cargo, Sir.
q Where is he studying?
a In UST, Sir.
q Is he your classmate?
a Yes, Sir.
q So when you said he was the secretary he only works as part time secretary?
a Yes, Sir.
q You said the petitioner meddle (sic) socially with the Filipinos?
a Yes, Sir.
q Will you please name at least one of those Filipinos the petitioner meddle (sic) with?
a Samuel Falmera, Sir, Marlon Kahocom, Sir.
q Who else?
a Elmer Ramos, Sir.
q Who else?
a Sharmaine Santos, Sir.
q When there are no classes during the vacation you see the petitioner twice a week?
a Yes, Sir.
q Does the petitioner (sic), do you think the petitioner is not disqualified to become the citizen
of the Republic of the Philippines?
a Yes, Sir, he is not disqualified, Sir.
q Do you know whether he believe[s] in the use of force in any such ideas?
a No, Sir.
q Do you know whether the petitioner suffer[s] from mental alienation or incurable disease
illnesses?
a No, Sir.
q What organization?
a He is a member of Wishten and a member of starget, Sir.
In naturalization proceedings, it is the burden of the applicant to prove not only his own good moral
character but also the good moral character of his/her witnesses, who must be credible persons. [56]Within the
purview of the naturalization law, a credible person is not only an individual who has not been previously
convicted of a crime; who is not a police character and has no police record; who has not perjured in the past;
or whose affidavit or testimony is not incredible. What must be credible is not the declaration made but the
person making it. This implies that such person must have a good standing in the community; that he is
known to be honest and upright; that he is reputed to be trustworthy and reliable; and that his word may be
taken on its face value, as a good warranty of the applicants worthiness. [57]
The records likewise do not show that the character witnesses of petitioner are persons of good standing in
the community; that they are honest and upright, or reputed to be trustworthy and reliable. The most that
was established was the educational attainment of the witnesses; however, this cannot be equated with their
credibility. In fine, petitioner focused on presenting evidence tending to build his own good moral character
and neglected to establish the credibility and good moral character of his witnesses. [58]
We do not agree with petitioners argument that respondent is precluded from questioning the RTC decision
because of its failure to oppose the petition. A naturalization proceeding is not a judicial adversary
proceeding, and the decision rendered therein does not constitute res
judicata. A certificate of naturalization may be cancelled if it is subsequently discovered that the applicant
obtained it by misleading the court upon any material fact. Law and jurisprudence even authorize the
cancellation of a certificate of naturalization upon grounds or conditions arising subsequentto the granting of
the certificate.[59] If the government can challenge a final grant of citizenship, with more reason can it appeal
the decision of the RTC within the reglementary period despite its failure to oppose the petition before the
lower court.
Thus, petitioner failed to show full and complete compliance with the requirements of naturalization law.For
this reason, we affirm the decision of the CA denying the petition for naturalization without prejudice.
It must be stressed that admission to citizenship is one of the highest privileges that the Republic of
the Philippines can confer upon an alien. It is a privilege that should not be conferred except upon persons
fully qualified for it, and upon strict compliance with the law. [60]
IN LIGHT OF ALL THE FOREGOING, the petition is DENIED for lack of merit.
SO ORDERED.