G.R. No. L-7346. November 25, 1955
IN THE MATTER OF THE PETITION OF TE CHAO LING ALIAS DINGA TO BE ADMITTED AS A CITIZEN OF THE PHILIPPINES
PADILLA, J.:
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Filipino citizenship. All the legal formalities as to publication of the
application having been accomplished, it was set for hearing. After hearing, the
Court found that he has all the qualifications except that he does not speak and
write English or Spanish, as required by section 2, paragraph 5, of Com. Act No.
473, as amended by Com. Act No. 535, and denied the application. He appeals.
The appellant admits that he does not speak and write the English language
but understands a little of that language and that he does not speak Spanish but
understands a little of it.[1] This
admission jibes with his previous statement in an investigation conducted by the
National Bureau of Investigation presented by the oppositor as Exhibit 1. It
appears on page 3 thereof that he understands a little English but he cannot
speak and write it.
In an application for naturalization it is incumbent upon the applicant to
show by competent proof that he possesses all the qualifications and none of the
disqualifications as provided by law. Upon the evidence presented, it cannot be
asserted that he has complied with the language requirement.[2]
The judgment dismissing the application is affirmed, with costs against the
appellant.
Paras, C.J., Bengzon, Montemayor, Reyes, Jugo, Bautista Angelo, Labrador,
Concepcion, and Reyes, J.B.L., JJ., concur.
[1] Pp. 33, 49, t.s.n.
[2] Ang Ke Choan vs. Republic
of the Philippines, G.R. No. L-6330, 25 August 1954.