SY CHIUCO ALIAS SY CHIU, PETITIONER AND APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLEE.

This is an appeal from a decision of the Court of First Instance of Quezon
City, denying the petition for naturalization of Sy Chiuco, alias Sy
Chiu.

The appellant makes the following assignment of errors:

“I. The trial court erred in denying appellant’s petition for naturalization
on the ground that his business (cabaret) does not speak well for an alien
applying for citizenship and that appellant should have engaged in a business
which is conducive to the economic progress and development of the nation.

“II. The trial court erred in denying appellant’s petition for naturalization
on the ground that the appellant is deaf.

“III. The trial court erred in denying appellant’s petition for
naturalization on the ground that the appellant could not speak and write
Spanish in a manner as to be understandable.

“IV. The trial court erred in denying appellant’s petition for naturalization
on the ground that appellant should have filed his petition sooner, considering
that he is now already nearing his grave and that he has resided in the
Philippines for 56 years prior to the filing of his application.

“V. The trial court erred in denying appellant’s petition for naturalization
on the ground that because appellant did not file his petition sooner it has
therefore sufficient reason to doubt the sincerity of appellant as to his
intention to become a Filipino citizen.”

Sy Chiuco was seventy years old at the time of the hearing of his petition on
September 30, 1953. He is a native of Amoy, China, where he was born on May 26,
1881. He arrived in the Philippines, at the port of Manila, in May, 1894 on
board the ship Don Juan and has resided continuously in this country
since then. He has been granted by the authorities of the Philippine Government
an Immigration Certificate of Registration and an Alien Certificate, of
Registration. He is legally married to a Chinese national by the name of Go Pio,
with whom he has five children, to wit: Sy Bon Ping, Marciano Sy, Vicente Sy,
Felisa Sy and O Siong Sy, the last two being minors who are studying in the
Sacred Heart Academy at La Loma, Quezon City, a private school recognized by the
Government where Philippine History, and Government and civics are taught as
part of the school curriculum. He and his whole family are at present residing
at 172 Iba Street, La Loma, Quezon City.

The applicant is a businessman by profession, engaged in the operation of a
cabaret for recreative purposes situated at La Loma, Quezon City, a
tocua factory for the production of tocua food from soy beans,
and other salted food products, located at No. 43 Soler Street, Manila. He is an
up-to-date taxpayer owning real property composed of a house and lot at 172 Iba
Street, La Loma, Quezon City, worth P18,000. He was formerly the owner of a
paint store on Echague Street, Manila, which was burned during the last war. He
speaks Tagalog and has a working knowledge of the Spanish language. He is
familiar with Philippine social life and Constitution. He adheres to the
principles underlying the democratic form of government and is absolutely
against communism. He does not believe in the use of force in achieving a change
of government, nor is in favor of revolution. He is not a polygamist nor a
believer in the practice of polygamy. He is strong and healthy and suffers no
contagious disease, although he is somewhat hard of hearing. During all his life
in the Philippines he has been a law abiding resident, and has never been
convicted of any crime by any court. He is ready to renounce his allegiance to
the Government of China.

Two prominent persons vouchsafed and testified for his good moral character,
and as a believer in the principles underlying the Philippine Constitution,
having conducted himself in a proper and irreproachable manner during his
residence in the Philippines.

With regard to the first assignment of error, the lower court held that the
applicant would not be a desirable citizen of the Philippines because he is
running a cabaret. The cabaret business is not illegal and is licensed by the
government. The private personal opinion of the judge regarding this business
cannot control or govern the qualifications of the applicant. Many Filipinos of
good standing are operating cabarets, without violating any law.

With regard to the second assignment of error, the lower court stated that
the applicant is hard of hearing, but he heard the questions addressed to him
and answered them intelligently. A little hardness of hearing is not a
disqualification. It is a common defect of old people.

With regard to the third assignment of error, the lower court declared that
the applicant does not speak or write Spanish, but the record shows that the
applicant testified in Spanish in an intelligent manner. We have examined
exhibit “1” which is a sample of his writing in Spanish of the words dictated by
the lower court and we found them to be perfectly legible.

With regard to the fourth assignment of error, the lower court held that,
having lived in the Philippines for fifty-six years, he should have filed his
application for Philippine citizenship sooner for that would have shown his
sincerity in desiring to be a Filipino. There ia no law requiring the applicant
to file his application before a certain age or after a maximum period of
residence in the Philippines. The applicant has complied with the law and has
the necessary qualifications. On the contrary, the fact that he has resided for
so many years in this country is in his favor as he may even be exempted from
the requisite of declaring his intention one year before his application. His
long residence would show that he is more familiar with Filipino customs and the
principles of the Philippine Government than a person of shorter residence.

The fifth assignment of error is only a consequence of the former
assignments.

It is true, as contended by the appellee, that the court has certain
discretion in granting Filipino citizenship but that discretion must be
exercised within the clear limits of the law.

In view of the foregoing, the decision appealed from is reversed and the
applicant is allowed to become a Filipino citizen, without pronouncement as to
costs. It is so ordered.

Paras, C.J., Bengzon, Padilla, Montemayor, Reyes, A., Bautista Angelo,
Labrador, Concepcion, and Reyes, J.B.L., JJ., concur.