[ G.R. No. L-29580, April 27, 1972 ]
IN THE MATTER OF THE PETITION OF MACARIO YU TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, MACARIO YU, PETITIONER-APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLEE.
D E C I S I O N
REYES, J.B.L., J.:
Appellant's own evidence is to the effect that he is the purchasing agent of Ti Chun Lian, his mother, who engages in Bugang, Sagay, Misamis Oriental, in the business of buying and selling of copra. Cebu City, which appellant now claims to be his place of residence, is hardly the proper station for a purchasing agent whose principal operates in Misamis Oriental. Appellant's residence certificate for 1966 indicates that he is a resident of Bugang, Sagay, Misamis Oriental;[9] a certification issued by the municipal judge of Sagay, dated 31 October 1966, certifies that Macario Yu "is a law-abiding resident of this municipality";[10] another certification, dated 5 November 1966, from the chief of police of Sagay also certified that appellant is "a peaceful citizen of the above-named municipality."[11] These certificates were issued ten months after appellant applied for naturalization. With these documentary evidence, it is abundantly clear that, contrary to his testimony and claims, Macario Yu was not a bona fide resident of Cebu City before or after he filed his petition in the Court of First Instance of Cebu; and the reasonable conclusion that can be drawn as to the real ground for the withdrawal of his petition for naturalization in Misamis Oriental and the re-filing of the same in Cebu was, as the lower court correctly observed, to avoid the opposition of those people in Misamis Oriental who had filed charges for appellant's deportation.
Since appellant Yu was not a resident of Cebu City, the Court of First Instance of Cebu where he re-filed his petition for naturalization had no jurisdiction over the case because only the court of the province where applicant is a legal resident for at least one year immediately preceding the filing of a petition for naturalization has exclusive original jurisdiction thereof.[12]In addition, applicant Yu failed to submit credible corroborative evidence of his paid employment or of his primary education in schools open to all students regardless of creed, race or nationality or attended by a sizeable number of Filipino students where applicant could have imbibed Filipino customs and ideals,[13] in order that applicant could be exempt from timely filing a declaration of intention as required by law, which he has not done. The certificates submitted by him as Exhibits "M" and "K-I" are of no probative value since the makers thereof were not presented as witnesses nor tested by cross examination.WHEREFORE, the decision, object of the instant appeal, dismissing the petition for naturalization, is affirmed. Costs against petitioner-appellant Macario Yu.
Makalintal, Zaldivar, Castro, Fernando, Teehankee, Barredo, and Antonio, JJ., concur.Concepcion, C.J., on official leave.
Makasiar, J., took no part.[1] T.s.n., pages 39 and 53.
[2] T.s.n., page 55.
[3] lbid.
[4] Exhibit "2"
[5] Record on Appeal, pages 1-2.
[6] T.s.n., page 57.
[7] T.s.n., page 56.
[8] Ibid.
[9] Exhibit "I".
[10] Exhibit "U".
[11] Exhibit "R".
[12] Sy Cesar vs. Rep., L-14009, 31 May 1961, 2 SCRA 395; Chin Guan Co vs. Rep., L-15794, 29 Dec. 1962, 6 SCRA 960; Chang vs. Rep., L-20713, 29 Apr. 1966, 16 SCRA 719; Tan vs. Republic, L-26327, 16 Oct. 1970, 35 SCRA 266.
[13] See Lee Ng Len vs. Republic, L-20151, 3 March 1965, 13 SCRA 533; Ng vs. Republic, L-26242, 25 Oct. 1968, 25 SCRA 574.