IN THE MATTER, OF THE PETITION OF TIU PENG HONG TO BE ADMITTED AS CITIZEN OF THE PHILIPPINES. TIU PENG HONG, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR …

On July 30, 1952, the Court of First Instance of  Manila rendered judgment No. 11304 thereof, entitled  “In  the matter of the petition  of  Tiu Hong admitted as citizen  of. the Philippines,”  granting the petition naturalization said  Tiu Peng Hong. Over two years later, or, to be exact, on September 27, 1954, the latter asked that a date be set for the reception evidence pursuant the provisions  of  Republic Act No. 580.  As prayed for, said court receive evidence on  October 9,  1954,  on  which date  it thereafter, issued an  order declaring that  petitioner, had complied  with requirements  of said Act  a accordingly,  authorizing him to  take the corresponding oath of  allegiance a naturalized citizen of the Philip Petitioner did so on  said date, where corresponding certificate of naturalization in  his favor  was  issued.   T later, or on October 1954, he filed a motion praying that his daughter, Tiu Lu—who was a minor at the time of the rendition of said decision of; July 30, but had b of age on March 15, 1953—”be allowed to take her own oath of allegiance, as a confirmation of her intention  to continue  and retain,  he inchoate Philippine citizenship, which was impressed upon  her when herein petition his application for naturalization on June 9, 1950.”  Despite the Solicitor opposition thereto, the court,  by an  order  dated October  28, 1954,  granted said motion.  The Solicitor General now seeks a review of said order of October 23, 1954.

Petitioner maintains that he became a naturalized citizen of the Philippine the expiration  of 30 days  from notice of the decision of July 30,  1952,. copy of which was received by the Solicitor General on August 9,1952, in vi the  failure of the  Government  to  appeal therefrom within  said period, that,  inasmuch  as his  daughter Tiu Siok Lu, born in Amoy,  China,  on Ma 15,  1932, was on or about September 9, 1952,  a minor,  she then automatic became a citizen of the Philippines,  pursuant to section 15 of Commonwealth Act No. 473, reading:

“A foreign-born minor child, if, dwelling in the Philippines a of the naturalization of the parent,  shall automatically become a Philippine citizen and a foreign-born  minor  child, who is not in the Philippines a time the parent is naturalized, shall be deemed a Philippine citizen only d minority he begins to reside permanently in the Philippines when s minor, in which will continue to be a  Philippine citizen even aft becoming of age.”

We find no merit in the theory of the petitioner. Section  2 of  Republic A provides that,  after finding  that the applicant for  naturalization, whose a favor a judgment had  been rendered, has complied  with the requirements of section 1 of said statute, “the order of the court granting citizenship shall be registered and the oath provided by existing laws shall be taken by the applicant, whereupon,  and not before, he will be entitled all the privileges of a citizen.”  It is  clear, therefore,  that for  naturalization becomes a Filipino only upon the taking  of his oath of allegiance and not before.  In other he does not acquire  Phi nationality, by reason of the fact that  the decision granting  his application naturalization  has become final.  The, taking of the of allegiance, in conformity with said  section 2, determines the beginning new status regular member of our citizenry.

Secondly, pursuant to section 1 of Republic Act No. 530, no decision granting application for naturalization  shall become executory  “the  provisions of notwithstanding   *  *  *  until after two years from its promulgation after court, on  proper  hearing,* * * is satisfied and so finds that, intervening applicant” has complied with the conditions specified provision.  In  other the decision in favor of petitioner’s  application not become executory until October 9, 1954, when  the  lower court issued its order of such date  finding  that petitioner had complied with said require of Republic Act  No. 530. At,that Tiu Siok Lu was over 22 years of age and, hence, she is not entitled to the benefits of  section  15 of  Common Act No. 473, according  to which, upon the naturalization of her father, hi minor children dwelling in the Philippine automatically become citizens thereof.

Thirdly, the theory of petitioner and appellee would lead to the result that whereas petitioner herein did not become a citizen of  the Philippines until October 9, 1954, his daughter—whose claim to citizenship is based.upon the naturalization of her father—would  become  a citizen of the Philippines o about September 9,  1952, or over 2 years before her father had been naturalized. Hence, the accessory would come into existence long before the principal, upon which it is wholly dependent, had become a legal reality.

It is obvious, therefore,  that petitioner’s contention cannot be sustained court erred in authorizing the taking of oath by Tiu Siok Lu; and that accordingly, the order appealed from, dated October 23,1954, should be, as hereby, set aside and reversed, with costs against petitioner and appellee. so ordered.

Parás, C. J., Montemayor, Reyes, A., Bautista  Angelo, Labrador, Reyes, Endencia, JJ., concur.