IN THE MATTER OF THE PETITION OF CERVERLEON T. DY TO BE ADMITTED A CITIZEN OF THE PHILIPPINES: CERVERLEON T. DY, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSI…

This is an appeal by the Government from a decision of the Court of
First Instance of La Union granting the petition for naturalization
filed by Cerverleon T. Dy.

The sole contention of the
Solicitor General is that the petitioner-appellee had failed to file
with the Bureau of Justice, within the statutory period of one year, a
declaration of intention to become a citizen of the Philippines, he not
falling within the two cases exempted from complying with said
requisite because (1) although he was born in the Philippines, he has
not finished the secondary education (high school course), and (2)
being only 26 years old when he filed his petition for naturalization
on March 21, 1949, he could not have resided in the Philippines for 30
years or more.

When asked what year he had reached in the La
Union Academy, the appellee testified “fourth year high school.” In the
opinion of this Court promulgated on March 10, 1953, the appealed
decision was reversed on the ground that the petitioner’s testimony was
construed to mean that he has not completed the full secondary course,
and therefore he was not exempted from the filing of the requisite
declaration of intention to become a Filipino citizen. Upon appellee’s
motion for reconsideration, this Court, on July 14, 1953, resolved to
set aside the decision of March 10 and to remand the case to the trial
court “for the reception of evidence on the question whether or not the
petitioner-appellee finished his fourth year and accordingly graduated
from the high school.”

The case has now been returned by the
Court of First Instance of La Union, together with additional evidence
consisting in the testimony of the appellee, positively to the effect
that he graduated from the high school in the year 1940, and the
testimony of Pastor Panay in the sense that he was the Director of La
Union Academy, duly recognized by the Government, and that the appellee
in fact graduated from the high school in said academy in the year 1940.

In view of this uncontradicted evidence, it follows that the appellee
was exempted from filing a declaration of intention to become a
Filipino citizen; and it appearing that he is in all other respects
admittedly qualified for naturalization, the appealed decision will be,
as it is hereby, affirmed without costs. So ordered.

Padilla, Tuason, Montemayor, Reyes, Jugo, Bautista Angelo, and Labrador, JJ., concur.