IN THE MATTER OF THE PETITION FOR NATURALIZATION OF ARSENIO TING. ARSENIO TING, PETITIONER AND APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLE.

Arsenio
Ting applies for Filipino citizenship under the provisions of
Commonwealth Act No. 473, as amended by Commonwealth Act No. 535, known
as the Naturalization Law. In his application he states all the facts
required by law, the most important of which are3that he was born in
Amoy, China, on 2 January 1927; immigrated to and arrived in the
Philippines in April 1936; resided continuously in the Philippines for
fourteen years and at least one year immediately preceding the filing
of the application in the City of Cavite; speaks and writes English and
Tagalog and understands a little Spanish; filed his declaration of
intention to become a Filipino citizen on 18 July 1949; has conducted
himself properly during the whole period of his residence in his
relation with the constituted government and in the community in which
he lived; and mingled socially with the Filipinos and evinced a desire
to learn and embrace the customs, traditions and ideals of the
Filipinos. In fine, he avers that he has all the qualifications
required in section 2 and none of the disqualifications provided for in
section 4 of Commonwealth Act No. 473; and offers affidavits of two
native-born Filipino citizens. Notice of the petition was published as
required by law. At the hearing set for 24 August 1951 the provincial
fiscal objected to the application on the ground that the applicant
does not possess the necessary qualifications required by the
Naturalization Law; that he has no sincere desire to become a Filipino
citizen and that he is just prompted by his desire to avail himself of
economic convenience; and that during his stay in the Philippines he
has not mingled socially with the Filipinos and evinced a sincere
desire to learn and embrace the customs, ideals and traditions of the
Filipinos. The lower court denied the petition on the sole ground that
the applicant has not mingled socially with the Filipinos nor has he
evinced a desire to learn and embrace the customs, ideals and
traditions of the Filipinos. The applicant has appealed.

The
Solicitor General instead of a brief filed a statement which he prays
be admitted in lieu of, and considered as, his brief. The statement in
part says—

* * * the petition could have been granted,
considering that appellant’s unrebutted testimony on the matter and
alluded to by the trial court in the above-quoted portion of its
decision and the further fact, as also found by the court below, that
appellant finished his elementary grades and secondary course in the
public schools of Cavite City, and his collegiate course in the
University of the East, Manila, amply show that appellant had mingled
socially with Filipinos and that he had learned and imbibed their
customs, traditions and ideals [In the matter of the petition for
naturalization of Jose Go (alias Jose Gotianuy) vs.
Anti-Chinese League of the Philippines and Felipe Fernandez, G. R. No.
L-1563, 47 Off. Gaz., No. 2, pp. 716, 719, Feb. 1951; Vicente Pang Kok
Hua vs. Republic of the Philippines, G. R. No. L-5047, promulgated May 8, 1952; see also Ang Ye Koe Sengkee vs. Republic of the Philippines, G. R. No. L-3863, promulgated December 27, 1951].

The position taken by the Solicitor General is in accord with the rule laid down by this Court on the point.

The order of the court below is reversed and let a decree be entered
granting to the applicant letters of citizenship pursuant to the
provisions of the Naturalization Law, as amended, without costs.

Paras, C. J., Pablo, Bengzon, Tuason, Reyes, Jugo, Bautista Angelo and Labrador, JJ., concur.