This is an appeal by petitioner Romulo Qua, an applicant for naturalization, from the decision of the Court of First Instance of  Manila, denying his  application.  The  Order is quite short and we are reproducing it, as  follows:

"ORDER

This is  a petition for naturalization  of Romulo Qua, a citizen  of the Nationalist Republic of China,  under whose laws Filipinos may become  naturalized Chinese citizens.

He was allegedly born in Manila on May 28, 1917, and has  resided continuously in the Philippines  since his birth and in the City  of Manila  at least one year prior to the filing of this petition.   He is single and has been employed since 1955 and a salary of  P300.00 per month in the Chua  Po Chooh & Co., which is a firm engaged in the textile business.  He  has had no formal education and acquired his knowledge of English thru private tutoring.

The petitioner has no birth certificate to prove that he was born in the  Philippines.  In lieu thereof he presented  a certificate  of the  Local Civil  Registrar (Exhibit C) stating  that the record  of births of his office does  not contain the name  of Romulo Qua  alleged to have been born on May 28, 1917.  This document is not sufficient proof of his alleged birth in this country.  Aside from this, there is a strong objection of the Philippine Army Headquarters to the petitioner's  application  for admission as citizen of the Philippines on the ground that 'in the interest of National  Security' he should not be given G-2 clearance because of an unfavorable information about him existing  in the files of the General Headquarters of the Armed Forces of the Philippines (Exhibit 4).  He is suspected of subversive activities.  Furthermore, the evidence shows that in the course of the hearing of his application for 6-2  clearance he offered P5.00 to  the investigating  officer to  expedite the proceeding.

Premises considered the petition for naturalization is hereby denied.

SO ORDERED.

Manila, February 15, 1957.

(Sgd.)  Rafael Amparo
T. Rafael Amparo
Judge:"

According to the  unrefuted testimony of the petitioner, he was born in Manila on May 28, 1917  of a Chinese father  and  a Filipino mother; that  he  has resided  in the Philippines all the time up  to the filing of his application for naturalization;  that he  had  studied  under a private tutor in English and  attained the equivalent of  second year high school; that he is a duly registered alien, being a citizen of the Republic of Nationalist China; that he is a salesman in the Qua Po Chooh and  Company, receiving a salary of P300.00 a month; that he  knows the underlying principles of the Philippine Constitution;  that he has mingled socially  with the Filipinos and has  adopted their customs, traditions and practices; that he does not believe in  the practice of polygamy or  in the  use of force for the predominance of man's ideas; and  that it is his intention in good faith to become a Filipino citizen.

The petitioner, through his  counsel, tried  to  establish his birth in Manila by his  own testimony, his Alien Certificate of Registration, his Native Born Certificate of Residence, and the testimony of Juliana Panganiban,  a witness to  his birth.  The  trial court, however, cut short her testimony, for the  reason that, according to the said court, the best evidence is the record of birth.

In the case of Chua Guan Tan vs. Republic, 101 Phil., 164, 53 Off. Gaz., (18) 6107, thru Mr. Justice Endencia, we held that the fact of birth  of  petitioner was sufficiently proven, even in the absence  of his certificate of birth, by the testimony  of the petitioner  himself,  corroborated by an unsworn certificate  of the doctor who purportedly at- tended the  delivery.  And in the case of Victoriano Yap Subieng vs. Republic, 102 Phil., 892; 56 Off. Gaz.,  (14) 2940, thru  Mr. Justice Bautista Angelo,  we again said that:

"Petitioner it is true did not file such declaration of intention, but this is because he claims to have  been born in the Philippines, and this he has established not  only by his own testimony and  that of his father but by sufficient documentary evidence.  Thus, he presented his Alien Certificate of Residence No. 40086 and his Native Born Certificate of Residence  No. 57370, wherein it appears that he was born in Manila on May 5, 1923.  There  are official documents which were issued in due course by the immigration authorities and unless their genuineness  is assailed, which was not, we have  to give  them due probative value. It is  not therefore correct  to say that  the evidence of the petitioner on  this point is not supported by documentary evidence."

On the basis  of the  two above-cited  cases, it is  clear that the trial court erred  in ruling that in the absence of a certificate of record of birth, the birth  of petitioner in Manila  could not be established by  any  other evidence. Moreover, it has also been shown that the petitioner has resided continuously in  the Philippines for more than 30 years, thereby  exempting him from the  requirement of filing a declaration of intention.

The main objection of the  trial court to the granting of petitioner's application  for naturalization was  the refusal of the Philippine Army  G-2 Department to give him a clearance on the ground that he was suspected by two officers of the Philippine Army  of subversive activities. A G-2 agent of the Philippine Army and Manuel Maravilla, a captain of the Armed  Forces  of the Philippines, testified as to the supposed subversive activities of the petitioner; but both witnesses refused to  specify and reveal what those  supposed subversive activities  were on the ground that it was  confidential  and also for  security reasons.  They even refused to name the organization or entity supposedly communistic to which the petitioner was said to belong.  We can not  refuse or deny a petition for naturalization on mere suspicion from the Armed Forces of  the  Philippines,  supposed to investigate alleged subversive activities.   If those  suspicions are based  on and supported by facts they should be placed on record so that petitioner may have an opportunity to examine them and, if possible, refute them.

On the other hand, the evidence presented on behalf of  the  petitioner  is quite impressive.  Besides  the testimony  of his two character witnesses, Primitivo S.  Concepcion and Simeon C. Raymundo, petitioner has established the fact that he has been getting Certificates of Residence "A" and "W" for several years; that he has been paying his income  taxes;  that  he is a  Catholic and  has been regularly attending church services in Binondo and Quiapo; that he has obtained  a  Tax Clearance certificate  for Naturalization  (Exhibit K); that he is a member of the Philippine Veterans Legion  (Exhibit N); that he has at clearance certificate from the Manila Police Department, from the Office  of  the City  Fiscal of Manila, from the Philippine Constabulary, from the Bureau of Immigration, from the  Deportation Board,  from the  Court of First Instance of Manila, from the Committee on Anti-Filipino Activities, House of Representatives, from the Land Registration Commission, from  the  Anti-Dummy Board of the Department of Justice, from the Central Bank of the Philippines,  from the Bureau of  Prisons, and from the National Intelligence  Coordinating Agency.  All these clearances  in the form of exhibits were presented and admitted in evidence by the court without objection on the part of the Government.  When he was questioned about his knowledge of the Government of, the Philippines and its high officials, his  answers were more than satisfactory.

Then there is the incident that when petitioner was being investigated by the G-2 of the Philippine  Army,  he gave the sum of five pesos to the G-2 Agent, Fortunato P. Jose, which the latter official  considered to be a sort of bribe to cut short the investigation, but  which the petitioner stoutly denied claiming that he gave the  money to  buy food for him (petitioner) because he had not taken any breakfast in his hurry to attend the investigation at seven o'clock in the morning.   This  incident was  investigated  by the Armed Forces, but no positive step was taken toward prosecuting petitioner for the supposed attempted bribe.  On the other hand, all that the Army could present in  evidence is the statement  made by  petitioner before them (Exhibit 2) for the Government,  wherein he admitted having delivered the sum of five pesos to Mr.  Jose, but at the same time claimed that it was  only to buy food for him  because he was already feeling hungry not having had breakfast and the investigation lasted  until three o'clock in  the afternoon and the investigator refusing to let him go out to eat.

After  the trial court  had  denied  his  application for naturalization,  petitioner  filed  a motion  for new  trial on the ground of newly discovered evidence.  Although said evidence may have  been  available  during  the  hearing, petitioner,  however,  did not expect that  his  application would be turned down on the  ground of supposedly communistic activities.   Naturally, he  saw no reason or necessity for  presenting  further  evidence.  He desires to be given that opportunity to present  the testimonies of John E.  Curtin, attorney, a U. S.  citizen and  a resident  of Manila;  and Lt. Col. Amadeo  M. Cabe, Inf., P.C. whose affidavits we reproduce below  to the effect that the petitioner could not possibly be or have been engaged in communist activities because he was a member of the Guerrilla during the war, that he took an important  part therein. and that he also served in  the U.  S.  Government:

"REPUBLIC OF THE PHILIPPINES
CITY OF MANILA

AFFIDAVIT

I. JOHN E. CURTIN, an attorney and United States  citizen of legal age, presently residing at No. 1967 Azcarraga St., Manila, Philippine Republic, after having been duly sworn in accordance to law hereby depose and say:

That I have known ROMULO QUA, a Chinese National, residing at 209 San Vicente St., Manila, P.I. since  July 1945,  when I was a C.I.D.  Agent for the U.  S. Army.

That after a  most careful background  investigation particularly into any possible Communistic affiliations or connections, I had the C.I.D.  employ ROMULO QUA, and had him enrolled in late 1945, as a member  of the Manila  Police Department.  The  character  and background investigation of ROMULO QUA, made at that time, showed! him to be a former legitimate guerrilla of the COWHM group, and showed furthermore that he had  fought in the hills for several months against  the, Japanese armed  forces.  He was moreover  &. rabid  anti-communist.

ROMULO QUA worked directly under me for  several months in 1945, and for two months in  1946, mainly gathering and  furnishing information of the activities of the  Communist Wha Chi and Kung Fan groups.  His life was endangered  by these groups on at  least two occasions that I know of while he worked for me.

That I have  known him intimately  since that time for he  has called  on me repeatedly  over and past  ten  years.  In  our  conversations during these visits Qua has frequently shown his  continued  anti-communist feelings.

Any information that the Philippine Army's G-2 or  M.I.S. sections possesses that Romulo Qua has ever participated in any subversive activity against  the Philippine Government,  could  only have come from a most unreliable source and is totally untrue.   There are few if any Chinese citizens in the Philippines who have served the Philippine government, without  remuneration, more loyally  than  Qua. Moreover he is  a man of the highest moral principles and  honor, and would be an  asset to the Philippines as a  citizen of the Republic. In witness whereof,  I have hereunto set my signature this 5th day of March, 1957, at Manila.

(Sgd.)  JOHN E. CURTIN
Affiant

SUBSCRIBED AND SWORN to before me this 5th day of March, 1957, affiant exhibiting his Res. Cert. A-0884337, issued on January 11, 1957,  at Kulambugan, Lanao,  P.I.

(Sgd.)  Joss L. Uy
( T. )  Jose L. Uy
Notary  Public
Until Dec. 31, 1957

Doc. No. 29;
Page No. 25;
Book No. 1
Series of 1957."

"REPUBLIC  OF THE PHILIPPINES
QUEZON CITY

AFFIDAVIT

I, AMADEO M.  CABE,  51 years of  age,  married, Lt.  Colonel,  Inf, PC, presently residing  at 106 South  9th St., Quezon  City, after haying duly sworn to in accordance to law depose and say:

That I have known Romulo Qua, a Chinese National, residing at 209 San Vicente St.,  Manila  for the last twelve  years.

That I have been  detailed with the  Manila Police Dept. from 1945 to 1949 as Chief of its Criminal Investigation Laboratory;

That the said Romulo Qua has been employed and rendered services to  the  MPD and CIS of the US Army after having undergone  a rigid screening of his  personal background particularly with possible communistic connection;

That since the time that I have known ROMULO QUA up to the present, I have found him a loyal subject of the Nationalist government of China, a law abiding person and of good moral  character;

That this affidavit  is  being executed to manifest the fact  that ROMULO QUA has the proper qualification as a citizen of the Republic of the Philippines.

Further Affiant Sayeth Not.

(Sgd.)   AMADEO M. CABE

(  T. )  AMADEO M. CABE

Subscribed and Sworn to before me this 6th day of March, 1957, affiant exhibiting his Res. Cert. A-4638805 issued on Jan. 11, 1957 at Quezon City, P. I.

(Sgd.)  JOSE L. UY
( T. )  JOSE L. UY
Notary Public
Until Dec. 31, 1957

Doc. No.  30;
Page No. 25;
Book No. 1
Series of 1957."

There is also a claim that petitioner's  Filipino mother and Chinese father  were  never legally  married which, if true, would lead to his following the Filipino citizenship of his  mother,  but  which  evidence was not presented, perhaps, because of the attitude taken by, the trial  court during  the hearing.

In  view  of the foregoing, the Order  appealed from is hereby set aside and the case is remanded to the trial court for new trial so as to  give petitioner as well as the Government an opportunity to present further evidence  in  support of or against the application for naturalization.

No costs.

Paras,  C. J., Bengzon, Padilla, Bautista Angelo, Concepcion, Endencia, and Barrera, JJ., concur.