G.R. No. 20713. April 29, 1966
IN THE MATTER OF THE PETITION FOR PHILIPPINE CITIZENSHIP, WAYNE CHANG ALIAS WONG LIAN, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.
SANCHEZ, J.:
- The Court of First Instance of Misamis Occidental
did not have jurisdiction over the case; - Petitioner failed to state in the petition his various places of residence; and
- Petitioner has used aliases without judicial authorization.
- Petitioner, a native-born Chinese, arrived at the port of Manila on July 8, 1937. He studied in the elementary
schools of Oroquieta, Misamis Occidental, thence in Misamis
Occidental High School, Mindanao Academy, and Siliman University where he finished high school. Thereafter, he took
up engineering for three (3) years at the Gebu Institute of
Technology, He continued his engineering course at the Mapua
Institute of Technology where he obtained his B.S. in mechanical engineering in 1956. In 1958 and up to the time
his petition[1] was heard in April 1962, he was employed at
the Universal Motors Corporation in Manila.Of significance is his petition filed in this Court
on March 21, 1963. There, petitioner sought permission to
withdraw his herein application for citizenship, because of
the State’s appeal. Petitioner there avers that he “has
since 1953 been a resident of Manila”.[2]
This court however denied the petition to withdraw. Because, it was
made subject to a certain condition or qualification—that he be allowed
“to refile a new petition for naturalization in Manila and introduce
evidence in support thereof, with the reservation that he will use the
same declaration of intention he has already filed in the
above-entitled case—”which the Court is not disposed to grant at this
time”.[3]The
foregoing facts conclusively show that petitioner has not resided in
Misamis Occidental at least one year immediately preceding the filing
of the petition. And, the Misamis Occidental court did not have “the
exclusive original jurisdiction to hear the petition” in this case.[4]
- The verified petition for naturalization solely mentions Oroquieta, Misamis Occidental and 270 P. Casal, San
Miguel, Manila, as the places where he had resided. It did
not state therein his other places of residence—Cebu City,
Duinaguete City, and 1242-A Abreu Street, 1950 Arellano Street,
747 Padilla Street and 242 P. Casal Street, in Manila. By
established jurisprudence, petitioner’s failure so to do is
fatal to his petition.[5] - The petition here was filed in the name of “Wayne
Chang alias Wong Lian. Prior thereto, i.e., on February 25,
1956, the Court of First Instance of Misamis Occidental granted
his application to change his name from Wong Lian alias Chang
Wingkoy, alias Chang Wing, to Wayne Chang.[6]
Petitioner used the name Wong Lian in his Landing Certificate of
Residence and Alien Certificate of Registration; Chang Wingkoy in Holy
Rosary School in Oroquieta, Misands Occidental, and Siliman University
in Dumaguete. An applicant who had adopted several names in dealing
with the public, without judicial authorization therefor, is unworthy
of Philippine citizenship.[7]
Judgment reversed; petition dismissed; costs against
petitioner. So ordered.
Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
[1] Filed in Court on March 16, 1961.
[2] Record on Appeal, p. 22.
[3] Record on Appeal, p. 33.
[4] Section 8, of the Naturalization Law, as amended; Chin Guan Go vs. Republic, L-15794, December 29, 1962.
[5] Republic vs. Reyes, et al., G.R. L-20602, December 24, 1965.
[6] Special Proceedings No. 1806, Court of First Instance of Misamis Occidental.
[7] Teen Eng Lee vs. Republic, G.R. L-17918, November 28, 1962.