G.R. No. L-21558. January 30, 1970

IN RE:  PETITION FOR NATURALIZATION, LUCIO TAN TIU ALIAS TIU PING SING AND LUCIO TIU IMSONG, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT.

Decisions / Signed Resolutions January 30, 1970 SANCHEZ, J.:
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SANCHEZ, J.:


From a judgment[1] of
the Court of First Instance of Surigao del Norte
dated December 21, 1961,
declaring Lucio Tan Tiu
eligible for Philippine citizenship, the State appealed,

For one reason alone, the judgment must be reversed.

Lucio Tan Tiu
failed to state in his naturalization petition “his present and former
places of residence.”[2]
That petition’ merely avers that he has “resided, continuously in the Philippines,
particularly at Numancia, Surigao,
since my birth”, and that his present place of residence is at Numancia, Surigao.

Applicant however testified that he resided in Dapa, Surigao, since his birth on
September 12, 1927 until
1949 when he moved to Numancia, Surigao,[3] a
period of 22 years.  Moreover, the alien
certificates of registration of all his children, born between the years 1951
to 1960, show that they were all born in Cebu City
and reside in Dapa, Surigao.

“Residence” encompasses all places where petitioner
actually and physically resided,[4]
whether permanent or temporary.[5]
We have repeatedly said that failure to specify in the petition for
naturalization petitioner’s present and former places of residence affects the
court’s jurisdiction “to hear and decide the case.”[6]
Such defect is fatal.[7]

Judgment reversed. 
Petition for naturalization denied.

Costs against petitioner-appellee.

SO ORDERED.

Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro, Fernando, Teehankee,
and Barredo,
JJ., concur.


[1]
Naturalization Case 34, entitled “In Re: 
Petition for Naturali­zation, Lucio Tan Tiu alias Tiu Ping Sing and Lucio Tiu Imsong.”

[2]
Section 7, Revised Naturalization Act.

[3]
Tr., August 18, 1961, p.
46.

[4] Burca vs. Republic, L-24252, January 30, 1967,19 SCRA 186, 195.

[5] Choa Hai vs. Republic,
L-23515, February 27, 1969,
27 SCRA 75, 78, citing cases.

[6]
Lim Siong vs. Republic, L-26€31, June 20, 1969, 28 SCRA 687, 690, citing
cases.

[7]
Lim Siong vs. Republic, supra,
at p. 693; Zabaleta vs. Republic, L-25401, June 30, 1969, 2 SCRA 654, 556, citing
cases. See also: Tan Tian vs.
Republic, L-19899, March 13,1067,19 SCRA 606, 607, citing cases; Sy Suan vs. Republic,
L-23470, February 28, 1969, 27 SCRA 132, 183-184; Go Ay Koc
vs. Republic, L-23652, April 25, 1969, 27 SCRA 988, 991, citing cases;
Chua Lian Yan vs.
Republic, L-26416, April 25, 1969, 27 SCRA 1024, 1029.