IN THE MATTER OF THE NATURALIZATION AS PHILIPPINE CITIZEN OF GO KAY SEE. ANTONIO GO KAY SEE, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

Appeal interposed by the provincial fiscal of Isabela, in representation of
the Solicitor General, against the order of the Court of First Instance of
Isabela, dated June 3, 1960, ordering the issuance of a certificate of
naturalization in favor of petitioner Antonio Go Kay See.

The record shows that on April 12, 1956, petitioner filed a petition with the
Court of First Instance of Isabela praying that he be declared a naturalized
citizen of the Philippines. The petition was duly published and the case set for
hearing. After hearing the court, considering the evidence presented by
petitioner as well as the opposition offered by the provincial fiscal, rendered
judgment on November 25, 1957, granting petitioner Philippine citizenship and
ordering the clerk of court to issue the naturalization certificate to him
immediately after the expiration of two years from the promulgation of the
decision.

Qn December 21, 1959, petitioner filed a motion alleging that the decision of
the court had become final on November 25, 1959 and that on January 6, 1960 he
would present evidence showing compliance with Republic Act No. 530, that is,
that during the intervening period of two years from November 25, 1957 up to and
including January 6, 1960, he had nat left the Philippines, had dedicated
himself continuously to a lawful calling or occupation, had not been convicted
of any offense or violation of Government promulgated rules, and had not
committed any act prejudicial to the interest of the nation or contrary to any
government announced policies, and praying that after Hearing the court order
the registration of its decision of November 25, 1957 and the taking by the
petitioner of the appropriate oath of allegiance.

On January 20, 1960, the provincial fiscal filed an opposition to the motion
alleging that the applicant failed to pay his annual registration fee during
the. two-year period 1958 to 1959, and such failure is a clear violation of
government announced policy regarding aliens which requires them to register
annually with the Bureau of Immigration. The court rejected the opposition of
the provincial fiscal and ordered the issuance of a certificate of
naturalization in its order of June 3, 1960. This order is the subject of the
present appeal by the Government.

In his brief the assistant solicitor general assigns as principal error the
court’s ruling that petitioner’s failure to pay the annual alien registration
fees for the years 1958 and 1959 was due to an honest belief that he was
exempted therefrom, which, therefore, did not disqualify him from taking his
oath as a naturalized citizen.

We do not agree with the ruling of the court a quo. Appellee’s failure
to register as an alien during the two-year intervening period is a patent
violation of the government policy requiring aliens to register annually. Such
failure, which appellee himself admitted, clearly falls within the provision of
Republic Act No. 530, which bars any decision granting an application for
naturalization from becoming executory, if within two years from its
promulgation the court finds that an application has committed any of the acts
therein enumerated. The fact that his failure to register was due to an honest
belief that he was exempted therefrom is of no moment.

The two-year period after a decision granting naturalization is a period of
actual test of fitness. If an applicant fails in this test, whatt guarantee does
the State have that once sworn to as citizen the applicant will remain the same
law abiding citizen he has claimed to be? Petitioner may not be excused from
compliance with his duty to register on the flimsy excuse that his alien
certificate of registration had been presented as an exhibit in court.

Wherefore, the order of the lower court of June 3, 1960, and the decision
granting naturalization are hereby set aside, with costs against
petitioner-appellee.

Bengzon, C. J., Padilla, Bautista Angelo, Concepcion, Reyes, J. B. L.,
Barrera, Paredes, Dizon, Regala, and Makalintal, JJ., concur.