IN THE MATTER OF THE PETITION FOR NATURALIZATION OF NEMESIO HUANG (UY), PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

Appeal taken by the Republic of the Philippines from the order of
the Court of First Instance of Manila in Civil Case No. 21127 dated October 12,
1962 dismissing its petition to declare null and void the final decision
rendered there­in and to cancel the certificate of naturalization issued to Nemesio Huang (Uy) in accordance
therewith, on the ground of lack of jurisdiction because the publication of the
notice of hearing on the petition for naturalization in the official gazette was
made only once.

It is admitted that on November 2, 1953, Nemesio
Huang (Uy) filed a petition for naturalization with
the Court of First Instance of Manila (Civil Case No. 21127).  On November 6 of the same year, the court
ordered that the corresponding notice of hearing be published once a week for
three con­secutive weeks in the
Official Gazette.  Said notice was
actually published only once in the
Official Gazette in its No. 11, Vol. 49 monthly issue.  After trial, the court rendered its decision
admitting appellee to Philippine citizenship, and
after the same had become final and executory and due
hearing was had, appellee took his oath of allegiance on September 1,
1956.

The present
petition for cancellation of appellee’s certificate
of naturalization was filed on May 10, 1962, the State relying on our ruling in
Ong Son Cui vs. Republic, G. R. No. L-9858, May 29,
1957, to the effect that one publication in the official gazette was
insufficient to confer jurisdiction to the court a quo to try and decide the petition.

IN VIEW of our recent ruling in the Gan Tsitung case
(G. R. No. L-20819) to the effect that “the doctrine laid down in
the Ong Son Cui case shall apply and affect the
validity of certificates of naturalization issued after, not on or before, May
29, 1957″ and that “certificates of naturalization issued on or
before May 29, 1957, even if notice of the petition for naturalization had been
published once only x x x x x x
should not be nullified”, We find the order appealed from to be in
accordance with law.  Consequently, the
same is hereby affirmed, without costs.

Concepcion, C.J., Reyes, J.B.L., Makalintal, Bengzon, J.P., Zaldivar, Sanchez, and
Ruiz Castro, JJ.,
concur.