G.R. No. L-15955. October 26, 1961

NARCISO CHING, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

Decisions / Signed Resolutions October 26, 1961 BENGZON, C.J.:


BENGZON, C.J.:


Having appealed from the decision of the Rizal court of first
instance that granted the petition for naturalization of Narciso Ching,
the Solicitor-General points out that petitioner failed to allege and
prove:

(a) his belief in the principle underlying the Philippine Constitution;

(b)
continuous residence in the Philippines from the date of filing the
petition up to the time of his admission to Philippine citizenship.

The Revised Naturalization Law (Commonwealth Act 473) provides that
the applicant must be one who is “of good moral character and believes
in the principles underlying the Philippine Constitution * * *”[1]
The Act also provides that the petition for citizenship must contain “a
declaration that he has the qualifications required by this Act specifying the same.”[2]

The official form of petitions for naturalization prescribed under sec. 21 of the Naturalization Act reada partly:

“Twelfth.—I believe in the principles underlying the Philippine Constitution.
I have conducted myself in a proper and irreproachable manner during
the entire period of my residence in the Philippines in my relation
with the constituted; Government as well as with the community in which
I am living. I have mingled socially with the Filipinos, and have
evinced a sincere desire to learn and embrace the customs, traditions
and ideals of the Filipinos. I have all the qualifications required
under section 2, and none of the disqualifications under section 4, of
Commonwealth Act No. 473.” (Italics Ours.)

Notwithstanding the above requirements, the petition of Narciso
Ching printed on the first pages of the Record on Appeal contains no
assertion by the petitioner that “he believes in the principles of the
Philippine Constitution.” At the hearing of his petition, he made no
declaration of such belief. Such assertion and belief are essential.

It is argued by his counsel that inasmuch as applicant had, at the hearing, stated his belief in the ideals
of the Filipino people, the omission had been cured. We do not think
so. One who desires to become a Filipino citizen must explicitly
declare his allegiance to the Philippine Constitution and its
principles. We may even be asked, and should be asked, what those
principles are—at least, the fundamental ones. In the absence of
allegations and competent proof of such belief, courts may not admit
applicant to Filipino citizenship.

In this view, we find it unnecessary to go into the other objection of the legal representative of the Government.

The appealed decision is reversed and the petition for naturalization is hereby denied. So ordered.

Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., Paredes, and De Leon, JJ., concur.


[1] Section 2.

[2] Section 7.