PEDRO TAN, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

This is an appeal taken by the Republic of the Philippines against a
decision of the Court of First Instance of Misamis Occidental approving
the application of Pedro Tan for naturalization. The appeal was made
directly to this Court, on the ground that the applicant had not filed
a declaration of intention to become a citizen of the Philippines as
required by Section 5 of the Revised Naturalization Law.

The record shows that the petition was filed on March 18, 1950. In
the said petition and in the certificate of birth, as well as in the
alien certificate of registration attached thereto, applicant Pedro Tan
appears to have been born on August 3, 1928, in Centro, municipality of
Jimenez, province of Misamis Occidental. There is no allegation in the
petition that a declaration of intention to become a citizen of the
Philippines had been previously filed, and no evidence to that effect
was presented. The applicant admits that no such declaration of
intention had been filed, but it is claimed on his behalf that he is
exempt from said requirement because he was born in the Philippines and
received his primary and secondary education in public and private
schools duly recognized by the Government.

It is true that the applicant has received primary and secondary
instruction in schools recognized by the Government, but he has not
completed secondary education, as it appears from his application, as
well as from his testimony, that he was only a third year high school
student at the time of the filing of his amended application on
September 3, 1951.

Q.	In what grade are you now?
A.	I am in the third year of high school, (t.s.n., p. 33)

We have held in the case of Florentino Uy Boco vs. Republic of the Philippines,^[*]
G. R. No. L-2247, promulgated January 23, 1950, that in order that an
applicant may be exempted from the obligation of filing his declaration
of intention to become a Filipino citizen, it is necessary that he must
have finished his secondary education; if “he has actually received
(only) a part of the secondary instruction, he has not actually
received a full secondary education.”

The failure to file a declaration of intention to become a citizen
of the Philippines, in accordance with the requirements of Section 5 of
the Revised Naturalization Law, is fatal to an application; it may not
be overlooked because the period of one year required therein is the
time fixed for the State to make inquiries as to the qualifications of
the applicant. If this period of time is not given to it, the State
will have no sufficient opportunity to investigate the qualifications
of the applicants and gather evidence thereon. An applicant may then
impose upon the courts, as the State would have no opportunity to
gather evidence that it may present to contradict whatever evidence
that the applicant may adduce on behalf of his petition. As the
objection of the State is a bar to the granting of the petition, it
becomes unnecessary to consider the other questions raised in the
appeal.

Wherefore, the decision appealed from is hereby reversed, and the application dismissed, with costs against the applicant.

Paras, C. J., Pablo, Bengzon, Montemayor, Reyes, Jugo, Bautista Angelo and Concepcion, JJ., concur.

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^[*] 85 Phil., 320.