IN THE MATTER OF THE PETITION FOR ADMISSION AS A CITIZEN OF THE PHILIPPINES. EMMANUEL YU NAM, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

The
Republic challenges the correctness of the decision of the Cebu Court
of First Instance granting the petition for naturalization of Emmanuel
Yu Nam.

Several errors are assigned in its printed brief,
the most important of which refers to petitioner’s use
of aliases without judicial authority.

Indeed the petition alleges that applicant’s full
name is Emmanuel Yu Nam; and such petition was published
under such name. However, his birth certificate show that
he is Emmanuel Ong, and his school records listed him as
Manuel Ong y Lim. These other names were not mentioned in
his petition; and under our rulings, such omission taints
the whole proceeding, to such extent as practically to deprive the court of jurisdiction over the matter.

In a case ^[1] where the petition was filed in the
name of Celerino Yu Seco, although the petitioner’s real
name was Celerino S. Yu, and the publication referred to the
former name, this Court declined to approve the grant of
naturalization explaining, through Mr. Justice J. B. L.
Reyes.

“* * * 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. Republic, G. R.
No. L-11172, Dec. 22, 1958). If petitioner’s true name is Celerino S.
Yu, while the notices published give
his name as Celerino Yu Seco, persons
who might have derogatory information
against Gelerino S. Yu might not come

forward with it in the belief that Celerino S. Yu Seco, the applicant, is some
one 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. * * *”

The foregoing considerations are self-evident; and
proper publication of the petition being a primordial step
in proceedings of this nature, we are impelled to reverse
the judgment. Without further going into the merit of the
other objections raised by the Republic.

Accordingly, the petition for citizenship is denied,
with costs.

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

---

^[1] Yuseco vs. Republic, L-13441, June 30, 1960.