IN THE MATTER OF THE PETITION FOR NATURALIZATION OF ANDRONICO AUGUSTO DY. ANDRONICO AUGUSTO DY, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

The Solicitor General appeals from the decision of
the Court of First Instance of Negros Oriental granting
Philippine citizenship to Andronico Augusto Dy, a Chinese
national.

Petitioner’s
evidence tends to show that he is a citizen of Nationalist China, his
parents being Chinese; that he was born on October 7, 1939 in Bais,
Negros Oriental where he has resided since birth; that he was baptized
in a Roman Catholic Church; that he first attended primary school in
Bais and then transferred to the Dumaguete Chinese School where he
finished his primary, intermediate and secondary education; that he was
enrolled in the College of Business Administration of the Siliman
University for 1-1/2 years; that at the time of the trial, he was
employed as purchasing agent of the Chin Agim Bakery in Bais with a
salary of P350 a month; that he speaks and writes Chinese, Tagalog,
English and the local dialect; that he believes in the principles
underlying the Constitution; that during his entire life in the
Philippines he has conducted himself in a proper and irreproachable
manner; and that he has evinced a sincere desire to learn and embrace
the customs, traditions and ideas of our people. It is on the basis of
the foregoing evidence that the Court of First Instance has granted
naturalization to said applicant.

The first ground of objection raised by the Solicitor-General is that the petition for naturalization does not
State the true name of the applicant. The name that appears
in the petition is “Andronico Augusto Dy.” In his birth
certificate, however, petitioner’s name is Augusto Andronico Dy Kusen, although the name “Augusto” was handwritten
before Andronico. Again in his baptismal certificate, petitioner’s name appears to be “Augusto Andronico Dy Kusin.”
In certain documents such as his Alien Certificate of
Registration; registration fees receipt for 1954; annual
report fees receipt from 1954 to 1962, except for 1959;
alien survey form; check-up certificate of the National
Intelligence Coordinating Agency; and certification of
hit Chinese citizenship by the Chinese Embassy, petitioner’s
name invariably bears the last name Dy Rusin. It seems,
therefore, that petitioner is commonly known as Andronico
Augusto Dy Kusin, and not Andronico Augusto Dy as appearing in his application for naturalization.

In Celerino Yu Seco vs. Republic, 108 Phil. 807,
decided by this Court on June 30, 1960, it was stated:

“We believe that there is a serious impediment
to the validity of these proceedings and to the
granting of the petition for naturalization. We
note that while petitioner repeatedly asserted at
the trial in the court below that his real name
is Celerino S. Yu and that he has adopted the
name Celerino Yu Seco for n o other reason than
that he was required by the Bureau of Immigration
as alien, his petition was, however, filed in the
name of Celerino Yu Seco and accordingly, the
publication of the notice of the filing of said
petition shows the name of Celerino Yu Seco as
the applicant and not Celerino S. Yu, We think
this publication does not afford sufficient notice
of the filing of the petition and is misleading to
the public. The purpose of the requirement of
publication is ‘to apprise the public of the pendency of the petition so that those who may know
of any legal objection to it might come forward
with the information in order to determine the
fitness of petitioner for Philippine citizenship’
(Ng Bui Kui vs.
Republics, 104 Phil. 957). If petitioner’s true name is Celerino S. Yu,
while the notice published give his name as Celerino Yu Seco, persons
who might have derogatory information against Celerino S. Yu might not
come forward with it in the belief that Celerino S. Yu Seco, the
applicant, is someone else. The purpose of the publication would thus
be defeated, and the road would be laid open to fraudulent subterfuges
through the use of aliases. Most of petitioner’s documentary evidence
to show that he is disqualified for naturalization, like his clearances
from the tax, police, Constabulary, NBI and court authorities all refer
to Celerino Yu Seco, so that this evidence does not prove that these
officials have no record or information that would render Celerino S.
Yu unfit or disqualified from being naturalized as Filipino citizen.

“We hold that assuming that petitioner is
known by both names, Celerino S. Yu and Celerino
Yu Seco, he should have made full disclosure by
applying for naturalization under both names.”

Assuming that the petitioner is known by either Andronico Augusto Dy or Andronico Augusto Dy Kusin, he should
have made full disclosure of it by applying for naturalization under both names, in line with the ruling in the
abovecited case, so that publication should have included
both appellations.

Another objection raised by the appellant is that the “Negros Bombshell” where the petition was published is not
a newspaper of general circulation. As pointed out by
petitioner-appellee, the appellant failed to raise this
objection during the trial. But our own examination of
the evidence discloses no positive proof that the said
publication is circulated in the entire province of Negros
Oriental. A certification from the publisher as to the
generality of the newspaper’s circulation would serve as
positive proof thereof.

Lastly,
the Solicitor General contends that more convincing evidence than that
presented regarding his employment is required in cases where the
petitioner is still a student. We find, however, from the testimony of
petitioner that he ceased studying when he found employment with the
Chin Agam Bakery. But there seems to be some point in the argument of
the Solicitor General that it is incredible that a small town bakery
would need a purchasing agent in another town of the same province
which can be reached in one hour by car or bus. Whatever raw materials
a bakery needs can be purchased through correspondence. Besides, if the
Chin Agam Bakery would really require a purchasing agent, it would
assign him in commercial centers like Manila or Cebu.

At any rate, an income of P350 a month these days is
not to be considered lucrative, considering the high cost
of living not only in the cities but in the provinces as
well.

In view of the foregoing, We see no reason to uphold
the decision of the lower court. The petition for naturalization is dismissed. No costs.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Dizon, Makalintal, Bengzon, J.P., Zaldivar, and Sanchez, JJ., concur.