IN THE MATTER OF THE PETITION TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, ROMULO QUA, PETITIONER AND APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPONENT AND APPELLEE.

PADILLA, J.:


This is an appeal from a decree entered by the Court of First Instance of
Manila denying for the second time the petition to become Filipino citizen by
naturalization filed by Romulo Qua. When his petition for naturalization was
denied for the first time, the Court of First Instance of Manila found that—

“* * * there is a strong objection of the Philip-pine Array Headquarters to the
petitioner’s application for admission as citizen of the Philippines on the
ground that ‘in the interest of National Security’ he should not be given G-2
clearance because of an unfavorable information about him existing in the files
of the General Headquarters of the Armed Forces of the Philippines (Exhibit 4).
He is suspected of subversive activities, * * *” (pp. 2-3, Rec. on Appeal)

After this denial, the petitioner moved for new trial on ground of newly
discovered evidence. This consists of sworn statements of a certain attorney
John E. Curtin, a citizen of the United States and resident of Manila, and of
Lt. Col. Amadeo M. Gabe, Inf., P.O., submitted to the trial court. The sworn
statements stated, among other things, that the petitioner could not possibly be
or have been engaged in communistic activities, because he was a guerrilla of
the COWHM group during the war, fought in the hills for several months against
the Japanese armed forces and rendered services in the U.S. Army C.I.D. and in
the Manila Police Department. The motion for new trial was denied for lack of
merit. The petitioner appealed to this Court (G. R. No. L-12279).

In disposing of the petitioner’s appeal, this Court found that—

“The main objection of the trial court to the granting of petitioner’s
application for naturalization was the refusal of the Philippine Army G-2
Department to give him a clearance on the ground that he was suspected by two
officers of the Philippine Army of subversive activities. A G-2 Agent of the
Philippine Army and Manuel Maravilla, a captain of the Armed Forces of the
Philippines, testified as to the supposed subversive activities of the
petitioner, but both witnesses refused to specify and reveal what those supposed
subversive activities wereon the ground that it was confidential and also for
security reasons. They even refused to name the organization or entity
supposedly communistic to which the petitioner was said to belong. We can not
refuse or deny a petition for naturalization on mere suspicion from the Armed
Forces of the Philippines, supposed to investigate alleged subversive
activities. If these suspicions are based on and supported by facts they should
be placed on record so that petitioner may have an opportunity to examine them
and, if possible, refute them. (pp. 16-17, Rec. on Appeal)

Consequently, this Court set aside the order appealed from and remanded the
case to the lower court for new trial “so as to give petitioner as well as the
Government an opportunity to present further evidence in support of or against
the application for naturalization.”

In this new trial, Juliana Panganiban, whose testimony during the previous
trial of the case regarding the petitioner’s birth was erroneously cut short by
the trial court for the reason that the best evidence on that point is the
record of birth, was again called to the witness stand. John E. Curtin, an
American citizen and ‘former C.I.D. agent of the U.S. Army, testified that he
came to know the petitioner in August 1945; that the petitioner worked for him
in the C.I.D. for about four months; and that the petitioner is a person of good
moral character, a good Catholic, and has remained anti-communist in his ideas
and attitude. His testimony substantially confirmed his affidavit filed in the
case (Exhibit R).

On its part the Government presented again its two witnesses, namely, Agent
Fortunato P. Jose of G-2 Intelligence Section of the Armed Forces of the
Philippines and Captain Manuel Maravilla also of G-2, Armed Forces of the
Philippines. On direct examination by the government prosecutor, both witnesses
once more refused to reveal the subversive activities of the petitioner for the
reason that it involved the security of the State and that they were not
authorized or given clearance by Colonel Reynaldo Mendoza, the Chief of the G-2
of the Armed Forces of the Philippines, to reveal the same At this juncture, the
government prosecutor heeding the suggestion of the courtmoved for continuance
of the hearing and asked for the issuance of subpoena duces
tecum—ad testificandum —addressed to Col. Reynaldo Mendoza, the
Chief of G-2.

On the day set for the resumption of the hearing, Major Dominador C. Dacanay,
Legal Officer of the Intelligence, Armed Forces of the Philippines, appeared in
behalf of the Chief of the Intelligence (G-2) of the Armed Forces of the
Philippines, in compliance with the subpoena duces tecum previously
issued by the court. Major Dacanay submitted to the court a true copy of a
confidential report (Exhibit1) of the Chief of the Counter-Intelligence Group
addressed to the “AC of S, G2, GHQ, AFP Camp Murphy, Quezon City,(Assistant
Chief of Staff, G-2, General Headquarters, Armed Forces of the Philippines, Camp
Murphy, Quezon City), on Romulo Qua, the petitioner in this case. It appears in
the confidential report that the petitioner, Romulo Qua, is one of the leaders
of the Hiat Kan Tuan and an active commander of Troop 8 thereof; that the Hiat
Kan Tuan is the most active Chinese Guerrilla Unit affiliated with the Chinese
Communist Party; that from 1949 to 1956 he was employed as an office clerk of
the Hiat Kan Tuan whose headquarters is located at No. 106 Soler Street, Manila,
where the petitioner’s residence is also located.

After the formal presentation of the confidential report as part of the
evidence for the government, the Solicitor General filed a written objection to
the petition, on the ground that the petitioner is a communist suspect and
active member of a Chinese guerrilla unit affiliated with the Chinese Communist
Party. The petitioner filed a reply to the objection of the Solicitor
General.

On 24 March 1960, the court entered a decree denying again applicant’s
petition to become a Filipino citizen by naturalization.

The petitioner has appealed.

The admission in evidence of the report submitted to the court is correct,
because the facts therein stated were entered by a public officer in the
performance of his duties. The person referred to therein is no other than the
petitioner. Even his connection with, or employment as agent by, the Criminal
Investigation Department (C.I.D.), U.S.Army, mentioned by his witness John E.
Curtin is there reported. His connection as one of the leaders of the Hiat Kan
Tuan, the most active Chinese guerrilla unit affiliated with the Chinese
Communist Party, and the fact that he resided in the same place, 106 Soler
Street, Manila, where the Hiat Kan Tuan had its headquarters, constitute
sufficient ground to deny his petition to become a Filipino citizen by
naturalization.

The decree appealed from is affirmed, with costs against the
petitioner-appellant.

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