G.R. No. 12822. April 26, 1961
LIM BUN, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.
BAUTISTA ANGELO, J.:
Cebu. Notwithstanding the opposition of the provincial fiscal, the court granted
the petition ordering that he be given a certificate of naturalization. The
government has appealed.
In its appeal, the government raises two questions: (1) petitioner does not
have a sufficient working knowledge of either English or Spanish language as he
claims; and (2) petitioner’s conduct is not irreproachable in character.
Consequently, it is claimed, the trial court erred in finding that he possesses
all the qualifications and none of the disqualifications prescribed by law to
become a Filipino citizen.
While there is no question that petitioner has shown more than sufficient
knowledge of the Cebu dialect, he ha,s however evinced some deficiency in his
knowledge of the English language and almost a complete ignorance of the
Spanish. This can be seen from a cursory examination of the document Exhibit 1
wherein it appears written what his counsel has dictated to him in open court.
Thus, when asked to write the words, “Good morning sir, how are you?”, he wrote
the following: “Good morning sir, who ras you?”, which shows that With’ the
writing of such simple words as thus dictated petitioner has committed two
mistakes, aside from the fact that the word “sir” appears to be illegible. The
experiment has demonstrated that petitioner cannot write the English language in
a sufficient and intelligent manner which w.ould warrant the conclusion that he
possesses a working knowledge thereof.
It is true that his counsel made him answer in the English language a series
of questions that he propounded to him in open court and apparently he came out
satisfactorily by giving correct answers, but judging from the nature of the
questions and the answers he has given, one is led to make the surmise that he
was rehearsed and prepared for that examination for he was even able to answer
that if President Garcia should die the one to succeed him is Senate President
Eulogio Rodriguez Sr. in the absence of a vice president. An average person,
especially if he is a foreigner, is not necessarily in a position to know such
question which affects the presidential succession in our government.
There is also merit in the claim that petitioner has not conducted himself in
an irreproachable manner in his dealing with our government as shown by the fact
that he sports two names, one Benjamin Lim Bun and the other Go Se Tam. While
the first name was explained by petitioner that it was the christian name given
him when he was baptized, the other name is undoubtedly an alias which
he used in registering himself in the alien certificate of registration. Thus,
the document Exhibit G which was presented by petitioner to show his compliance
with Republic Act No. 562 relative to registration of aliens shows that aside
from using therein his christian name of Benjamin Lim Bun, he also stated his
alias name of Go Se Tam. Note that said document was issued by the
Bureau of Immigration on January 8, 1951 when Commonwealth Act 142, which
prohibits the use of aliases, was already in force. This Act was approved on
November 7, 1936, and there being no showing that he had the necessary authority
to use an alias name as required by said Act the implication is that he
used it in disregard of its prohibition. This act indicates that he has not
conducted himself properly and since it affects his character it disqualifies
him to acquire Philippine citizenship.
Wherefore, the decision appealed from is reversed, with costs against
appellee.
Bengzon, Acting C.J., Padilla, Labrador, Concepcion, Reyes, J.B.L.,
Paredes, and Dizon, JJ., concur.