SECOND DIVISION
G.R. No. 210412, July 29, 2015
REPUBLIC OF THE PHILIPPINES, Petitioner, v. KAMRAN F. KARBASI, Respondent.
D E C I S I O N
MENDOZA, J.:
The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.1This is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the January 29, 2013 Decision2 and the November 27, 20133 Resolution of the Court of Appeals (CA), in CA-G.R. CV No. 01126-MIN, which affirmed the January 17,2007 Order of the Regional Trial Court, Branch 10, Dipolog City (RTC), in a naturalization case docketed as Naturalization Case No. 2866. The RTC order granted the petition for naturalization and, thus, admitted Kamran F. Karbasi as a citizen of the Philippines.
On July 2, 2002, after finding the petition sufficient in form and substance, the RTC issued an order setting the petition for hearing on October 21, 2002 and ordering the publication thereof, once a week for three (3) consecutive weeks, in the Official Gazette and in a newspaper of general circulation in Zamboanga del Norte and in the cities of Dipolog and Dapitan. In the same Order, persons concerned were enjoined to show cause, if any, why the petition should not be granted and oppose the petition.
- His full name is Kamran F. Karbasi;
- He is recognized as a Person of Concern by the United Nations High Commissioner for Refugees (UNHCR) as shown in a certification duly issued by the UNHCR;
- He is presently residing with his family at 341 Burgos Street, Dipolog City, since early part of June 2000 and more so has resided continuously in the Philippines for not less than 11 years immediately preceding the date of this petition; to wit, since 11 July 1990 and in Dipolog City for more than one (1) year;
- His last place of foreign residence was Pakistan and his other places of residence, prior to his present residence, were as follows (i) Panay Ave., Quezon City; (ii) Sta. Filomena, Dipolog City; (iii) Capitol Area, Dumaguete City; (iv) Dohinob, Roxas, Zamboanga del Norte;
- He was born on 4 September 1966 in Tehran, Iran, as shown in his identity card which also serves as his birth certificate;
- He is married and is the father of one (1) child;
- His wife Cliji G. Lim Karbasi is a Filipino citizen, 22 years old and born on 10 August 1979 in Cebu City, whom he married on 12 October 2000 in Dipolog City, as shown in their certificate of marriage;
- His child, Keenyji L. Karbasi, l-year old , was born on 9 June 2001 in Dipolog City and presently residing with him and his wife at 341 Burgos Street, Dipolog City;
- He arrived in Manila, Philippines, under an assumed name (Syed Gul Agha) from Pakistan on 11 July 1990 specifically at the Manila International Airport on board Philippine Airlines Flight No. 731, per UNHCR certification containing reference to his Pakistani passport issued under said assumed name;
- Due to his marriage, he is entitled to the benefit of Section 3 of Commonwealth Act No. 473, which reduced to five years the ten year requirement of continuous residence;
- He speaks and writes English and Visayan;
- His trade or occupation is as a repair technician in which he has been engaged since 1998 and, as such, he derives an average annual income of Php 80,000.00 more or less;
- He has all the qualifications required under Section 2 and none of the disqualifications under Section 4, of the Commonwealth Act No. 473;
- He has complied with the requirements of the Naturalization Law (Commonwealth Act No. 473) regarding the filing with the Office of the Solicitor General of his bona fide intention to become a citizen of the Philippines, as shown in his Declaration of Intention duly filed on 25 May 2001;
- It is his intention in good faith to become a citizen of the Philippines and to renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly to Iran of which, at this time, he is a citizen or subject; that he will reside continuously in the Philippines from the date of filing of this petition up to the time of his admission to Philippine citizenship;
- Dominador Natividad Tagulo, of legal age, Filipino, married and residing at ABC Compound, Quezon Ave., Miputak, Dipolog City and Alton C. Ratificar, of legal age, Filipino, married and residing at 047 Burgos Street, Dipolog City, who are Filipino citizens, whose affidavits are attached to his petition, will appear and testify as witnesses at the hearing thereof.
[Emphasis Supplied]
He is an Iranian national. He was born in Tehran, Iran, and resided there since birth up to 1986. His father is Abdolhossein Karbasi, a doctor in Iran, and his mother is Narjes Froghnia Karbasi, a retired teacher.Additionally, Karbasi claimed that he had never been involved in any demonstration or mass action protesting any issuances, policies or acts of the Philippine Government and its officials; that he had never made any rebellious or seditious utterances; that he believed in the principles underlying the Philippine Constitution and he had even memorized the preamble; and that he can also sing the Philippine National Anthem and recite the Filipino Patriotic Pledge, both of which he did in open court.
He has five brothers and two sisters. The eldest of the brood, Hamid Reza Karbasi, is in the United States of America and is now an American Citizen. The second, Dr. Ali Reza Karbasi, admitted as Filipino citizen in the Regional Trial Court, Branch 6, Dipolog City, is in the Philippines. The third is Qite Karbasi, his sister. The fourth, his brother, Dr. Abduoul Reza Karbasi, graduated in India. The fifth, his sister, Kia Karbasi, is a nurse. The sixth, his brother Qolam Reza Karbasi, is an engineer who graduated in France. His last four siblings are all in Iran.
He was a Shiite Muslim before he was converted as Roman Catholic. His former religion believes in the existence of a Supreme Being called God. It believes in the existence of government and repudiates violence. His said religion is not within an organization of Al Qaeda, Jemayah Islamiya, or any terrorist group. It also adheres to the principle of one man-one woman marital relation.
He and his brother, Ali Reza Karbasi, left Iran in 1986 because of the war between Iran and Iraq at that time. When the Shah of Iran, Pahlavi, was overthrown by Ayatolah Khomini in 1979, some Iranian nationals left Iran. He and Ali Reza, who also condemns the act of overthrowing an existing government by force and violence, were among those who left. Since the government confiscated his passport, they traveled by camel and passed by the desert during night time to reach Pakistan. He stayed there for almost three (3) years,
Being foreigners in Pakistan, they submitted themselves to the United Nations High Commissioner for Refugees. However, they were not granted the status of refugee right away since Pakistan is adjacent to Iran. They had to transfer to a third country not at war with Iran. Since his brother Ali Reza was already studying in the Philippines, they decided to come here.
As it was difficult for him to get travel documents, petitioner procured a Pakistani passport under the assumed name of Syed Gul Agha.
Upon his arrival in the Philippines on July n, 1990, he submitted himself to the United Nations in Manila. After several interviews, he was admitted as a refugee and, later on, as a person of concern. As a refugee, he was granted by the United Nations allowances, medical benefits and protection to some extent.
After having been interviewed by the Solicitor General regarding his intention to become a Filipino citizen, he filed the corresponding Declaration of Intention, dated March 28, 2001, on May 25, 2001.
Sometime in 2002, petitioner, having signified his intention to become a Filipino citizen, was issued a certification captioned "UN High Commissioner for Refugees, Liaison Office for the Philippines," dated 25 June 2002, certifying that he has been recognized as a person of concern who arrived in the Philippines on 11 July 1990 on board Philippine Airlines flight 731 under an assumed name (Syed Gul Agha).
At the time of the filing of the petition, he was already married and residing at 341 Burgos Street, Dipolog City. However, upon arrival in the Philippines, he first resided at Panay Avenue, Quezon City, where he stayed for almost six months. During those times, the United Nations provided him a monthly allowance of £2,800.00, being a refugee. He then transferred to Burgos Street, Miputak, Dipolog City, where he stayed at the house of the father-in-law of his brother Ali Reza for a month.
He then moved to Sta. Filomena, Dipolog City, at the house of his sister-in-law. It was during this time that he enrolled at Andres Bonifacio College where he studied from 1990 to 1992. He finished a two-year vocational course in said school as evidenced by a Diploma issued by the Andres Bonifacio College, Dipolog City. In Iran, he finished Bachelor of Science in Economics.
He then pursued a four-year course (Bachelor of Science in Industrial Technology Major in Electronics) at the Central Visayas Polytechnic College in Dumaguete City. He resided in the Capitol Area of said city. He was already receiving a monthly allowance of £4,800.00 from the United Nations at that time. He graduated from said institution as evidenced by a Diploma issued by said school. He also attended technical trainings conducted by Asian Durables Manufacturing, Inc. as evidenced by a Certificate of Attendance issued by said company.
In 1996, he returned to Dipolog City and resided at Burgos Street where he opened his electronics repair shop (KX3 Electronics Repair Shop).
On October 12, 2000, he got married. The couple transferred to the house of his parents-in-law after the marriage. When the grandfather of his wife got ill, they were requested to take care of him. Thus, the couple transferred their residence to Dohinob, Roxas. However, they moved back to their house in Burgos Street, Dipolog City, as it is nearer to a hospital. When his grandfather-in-law died, he participated in all the rites and ceremonies relative to his wake and burial.
At present, his repair shop's gross monthly income hovers between P20,000.00 to P25,000.00."4
WHEREFORE, in view of the foregoing, the petition for naturalization filed by KAMRAN F. KARBASI to be admitted as citizen of the Philippines is hereby GRANTED.Not in conformity, the Republic of the Philippines, through the Office of the Solicitor General (OSG), interposed an appeal to the CA, based mainly on the ground that the RTC erred in granting Karbasi's petition as he failed to comply with the provisions of Commonwealth Act No. 473 (Naturalization Law) on character, income and reciprocity. Specifically, the OSG pointed out that Karbasi failed to establish that: 1] Iran grants reciprocal rights of naturalization to Filipino citizens; 2] he has a lucrative income as required under the law; and 3] he is of good moral character as shown by his disregard of Philippine tax laws when he had underdeclared his income in his income tax returns (ITRs) and overstated the same in his petition for naturalization.
SO ORDERED.6
WHEREFORE, premises considered, the appeal is DENIED. The Decision dated 17 January 2007 of the Regional Trial Court of Dipolog City, Branch 10 in Naturalization Case No. 2866 is AFFIRMED.The CA ruled that the alleged under declaration in Karbasi's ITRs was prepared in good faith because he was of the belief that he no longer needed to include the income he received as payment of his services to Daewoo Electronics Electronics Services, Inc. (Daewoo) and Kolins Philippines International, Inc. (Kolins), because the same were already withheld at source. The CA likewise affirmed the RTC finding that Karbasi, as a refugee, need not prove reciprocity between Philippine and Iranian laws.
SO ORDERED.7
First. He must be not less than twenty-one years of age on the day of the hearing of the petition;The contention in this case revolves around the following points:chanRoblesvirtualLawlibrary
Second. He must have resided in the Philippines for a continuous period of not less than ten years;
Third. He must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in a proper and irreproachable manner during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living.
Fourth. He must own real estate in the Philippines worth not less than five thousand pesos, Philippine currency, or must have some known lucrative trade, profession, or lawful occupation;
Fifth. He must be able to speak and write English or Spanish and any one of the principal Philippine languages;
Sixth. He must have enrolled his minor children of school age, in any of the public schools or private schools recognized by the Office of Private Education1 of the Philippines, where the Philippine history, government and civics are taught or prescribed as part of the school curriculum, during the entire period of the residence in the Philippines required of him prior to the hearing of his petition for naturalization as Philippine citizen.[Emphasis supplied]
The Court resolves these issues in seriatim.
- the sufficiency of Karbasi's income for purposes of naturalization;
- the effect of the alleged discrepancy in the amounts of his gross income as declared in his ITRs, on one hand, and in his petition for naturalization on the other; and
- the necessity of proving reciprocity between Iranian and Philippine laws on naturalization.
It means not only that the person having the employment gets enough for his ordinary necessities in life. It must be shown that the employment gives one an income such that there is an appreciable margin of his income over his expenses as to be able to provide for an adequate support in the event of unemployment, sickness, or disability to work and thus avoid one's becoming the object of charity or a public charge. His income should permit him and the members of his family to live with reasonable comfort, in accordance with the prevailing standard of living, and consistently with the demands of human dignity, at this stage of our civilization.18A long line of cases reveals that the Court did not hesitate in reversing grants of citizenship upon a showing that the applicant had no lucrative income and would, most likely, become a public charge. A summary of some of these notable cases is in order:chanRoblesvirtualLawlibrary
With the pronouncements in these cases in mind, the comparison made by the OSG now begets another question: can the possession of an applicant's lucrative trade, profession or lawful occupation, for purposes of naturalization, be fairly determined through a simplistic read-through on government data?
- In the Matter of the Petition for Admission to Philippine Citizenship of Engracio Chan also known as Nicasio Lim.19 - The Court found that the petitioner, who was a salesman at the Caniogan Sari-Sari and Grocery Store, then located in Pasig, Rizal, from which he received a monthly salary of P200.00, with free board and lodging, had no lucrative income. Even if the petitioner was then an unmarried man without dependents, a monthly income of P200.00 with free board and lodging, was not considered gainful employment. Further, there was no proof that he was legally authorized to use an alias and his use thereof, being in violation of the Anti-Alias Law, was indicative of a reproachable conduct.
- In the Matter of the Petition of Antonio Po to be admitted a Citizen of the Philippines.20 - The Court found Antonio Po, then single and employed as collector of the Surigao Chamber of Commerce as without lucrative income on the ground that his employment had so long depended upon the selection of the succeeding presidents of the chamber and that he then got free board and lodging by living with his widowed mother. Simply put, there was not enough stability in his claimed salary. His additional income gained from helping his mother to run a store was also insufficient to satisfy the law, in the amount and in its steadiness. His free board and lodging pretense was also discerned as indicative of dependence upon his mother for support.
- In the Matter of the Petition ofTanpa Ong Alias Pedro Tan to be admitted a Citizen of the Philippines.21 - The income of the applicant as contemplated in the naturalization law was only P3,000.00 a year. Considering that he had a wife and seven children to support, this income was held as insufficient to meet the high cost of living at that time.
- Keng Giok v. Republic.22 - The Court held that an income of P9,074.50 per annum was not sufficient for a married applicant with a wife and five children to support.
- Sy Ang Hoc vs. Republic.23 - The Court held that his income, derived from employment in a business enterprise of the petitioner's father, was not sufficient to establish compliance with the statutory requirement of lucrative occupation or calling.
- In the Matter of the Petition to be admitted a Citizen of the Philippines by Pantaleon Sia alias Alfredo Sia.24 - The Court ruled that the determination of lucrative income or occupation should be reckoned as of the time of the filing of the petition. The Court decided against the petitioner as his regular salary was not ample enough to defray his family's expenses. The excess amounts representing his bonuses and commissions should not be considered in determining whether or not petitioner had a lucrative income or occupation.
[T]he Court must be satisfied that there is reasonable assurance not only that the applicant will not be a social burden or liability but that he is a potential asset to the country he seeks to adopt for himself and quite literally, for his children and his children's children.chanroblesvirtuallawlibraryThe Court, in Chua, continued:chanRoblesvirtualLawlibrary
The economic qualification for naturalization may be seen to embody the objective of ensuring that the petitioner would not become a public charge or an economic burden upon society. The requirement relates, in other words, not simply to the time of execution of the petition for naturalization but also to the probable future of the applicant for naturalization. In the case at bar, the Solicitor General does not dispute that respondent applicant, then a student, was earning P2,000.00 a month, with free board and lodging, at the time she filed her Petition in August 1984. While this amount was not, even in 1984, exactly a princely sum, she was not then a public charge and the respondent applicant having passed the qualifying medical board examinations, can scarcely be regarded as likely to become a public charge in the future should she be admitted as a citizen of this Republic. Respondent is certainly in a position to earn substantial income if allowed to exercise her profession. Being a Doctor of Medicine, she is also clearly a "potential asset to the country."27As in Chua's case, it does not at all seem likely that Karbasi, in his current circumstances, will ever become a public charge. It bears emphasis to note that from a refugee who had nothing when he came to the Philippines, Karbasi had indeed refused to be the object of charity by working hard to graduate from college and to eventually engage in business to give his family support and comfort. The CA could not have explained this in better terms—
Thus, Karbasi went from being a refugee - who was dependent on the UNCHR for support - to a self-made entrepreneur who can ably support himself and his family. As such, there is no showing that Karbasi may turn out to be a public charge and a burden to our country's resources. The fact moreover that he overcame this adversity through his education and skills shows that he is a potential asset of the country.chanroblesvirtuallawlibrarySecond. The OSG raised the issue of Karbasi's alleged underdeclaration of income in his ITRs. It contended that even if Karbasi had, indeed, a lucrative means of earning, his failure to declare the income which he had earned from service contracts and to present any proof of the withholding of the taxes thereon, would reflect adversely on his conduct, which under the statute must be "proper and irreproachable." The OSG cited Lim Eng Yu v. Republic28 (Lim Eng Yu), where the applicant later refuted the amounts reflected in his ITRs in order to prove that he had lucrative trade or occupation. The Court rebuffed this "eleventh hour explanation" and concluded that the applicant had to conceal his true income for the purpose of evading payment of lawful taxes. The Court found that Lim Eng Yu, at that time, had a wife and two children, so, at most, his total tax exemption then, was P5,000.00. Had he stated the net incomes he claimed in his ITRs, he would have been required to pay income taxes, it appearing that the same exceeded his exemption under the law. Such conduct showed that Lim Eng Yu's moral character was not irreproachable, or as good as it should be, thus, disqualifying him for naturalization.
Article 6 of the 1951 Convention:In the same vein, Article 729 of the said Convention expressly provides exemptions from reciprocity, while Article 34 states the earnest obligation of contracting parties to "as far as possible facilitate the assimilation and naturalization of refugees." As applied to this case, Karbasi's status as a refugee has to end with the attainment of Filipino citizenship, in consonance with Philippine statutory requirements and international obligations. Indeed, the Naturalization Law must be read in light of the developments in international human rights law specifically the granting of nationality to refugees and stateless persons.
For the purposes of this Convention, the term "in the same circumstances" implies that any requirements (including requirements as to length and conditions of sojourn or residence) which the particular individual would have to fulfill for the enjoyment of the right in question, if he were not a refugee, must be fulfilled by him, with the exception of requirements which by their nature a refugee is incapable of fulfilling.
Article 34 of the 1951 Convention:
The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.chanroblesvirtuallawlibrary
Endnotes:
* Designated Acting Member in lieu of Associate Justice Mariano C. Del Castillo, per Special Order No. 2115, dated July 22, 2015.
1 Article 34 of the 1951 Convention relating to the Status of Refugees.
2Rollo, pp. 24-37. Penned by Associate Justice Oscar V. Badelles and concurred into by Associate Justices Edgardo A. Camello and Renato C. Francisco of the Twenty-Second Division, Court of Appeals, Cagayan de Oro City.
3 Id. at 38-39.
4 RTC Decision, id. at 46-47.
5 Id. at 29-30.
6 Id. at 50.
7 Id. at 36.
8 214 SCRA 748, October 20, 1992.
9Rollo, p. 20.
10 Id. at 71.
11 Fr. Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A Commentary, 2009 ed., p. 629.
12 Id. at 629-630.
13 Section 1, Article IV of the 1987 Constitution reads:ChanRoblesVirtualawlibrary
Section 1. The following are citizens of the Philippines:chanRoblesvirtualLawlibrary14 Republic Act No. 9139 entitled "An Act Providing for the Acquisition of Philippine Citizenship for Certain Aliens by Administrative Naturalization and for Other purposes".
(1) Those who are citizens of the Philippines at the time of the adoption of this Constitution; (2) Those whose fathers or mothers are citizens of the Philippines; (3) Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; and (4) Those who are naturalized in accordance with law.
15Tochip v. Republic, 121 Phil. 248, 250 (1965).
16Cuaki Tan Si v. Republic, 116 Phil. 855, 857 (1962).
17 Section 7. Petition for citizenship. - Any person desiring to acquire Philippine citizenship shall file with the competent court, a petition in triplicate, accompanied by two photographs of the petitioner, setting forth his name and surname; his present and former places of residence; his occupation; the place and date of his birth; whether single or married and the father of children, the name, age, birthplace and residence of the wife and of each of the children; the approximate date of his or her arrival in the Philippines, the name of the port of debarkation, and, if he remembers it, the name of the ship on which he came; a declaration that he has the qualifications required by this Act, specifying the same, and that he is not disqualified for naturalization under the provisions of this Act; that he has complied with the requirements of section five of this Act; and that he will reside continuously in the Philippines from the date of the filing of the petition up to the time of his admission to Philippine citizenship. The petition must be signed by the applicant in his own handwriting and be supported by the affidavit of at least two credible persons, stating that they are citizens of the Philippines and personally know the petitioner to be a resident of the Philippines for the period of time required by this Act and a person of good repute and morally irreproachable, and that said petitioner has in their opinion all the qualifications necessary to become a citizen of the Philippines and is not in any way disqualified under the provisions of this Act. The petition shall also set forth the names and post-office addresses of such witnesses as the petitioner may desire to introduce at the hearing of the case. The certificate of arrival, and the declaration of intention must be made part of the petition.
18Republic v. Ong, G.R. No. 175430, June 18, 2012, 673 SCRA 485, 499, citing Tan v. Republic, 121 Phil. 643, 647 (1965) and In the Matter of the Petition of Ban Uan, 1 54 Phil. 552, 554 (1974).
19 17 Phil. 475 (1966).
20 122 Phil. 943 (1965).
21 No. L-20605, June 30, 1966, 17 SCRA 535.
22 112 Phil. 986 (1961).
23 111 Phil. 489 (1961).
24 No. 20290, August 31, 1965, 14 SCRA 1003.
25 249 Phil. 84 (1988).
26 120 Phil. 973, 975.
27 Supra note 25, at 88-89.
28 124 Phil. 478 (1966).
29Exemption from reciprocity - 1. Except where this Convention contains more favourable provisions, a Contracting State shall accord to stateless persons the same treatment as is accorded to aliens generally
2. After a period of three years residence, all stateless persons shall enjoy exemption from legislative reciprocity in the territory of the Contracting States.
3. Each Contracting State shall continue to accord to stateless persons the rights and benefits to which they were already entitled, in the absence of reciprocity, at the date of entry into force of this Convention for that State.
4. The Contracting States shall consider favourably the possibility of according to stateless persons, in the absence of reciprocity, rights and benefits beyond those to which they are entitled according to paragraphs 2 and 3, and to extending exemption from reciprocity to stateless persons who do not fulfil the conditions provided for in paragraphs 2 and 3.
5. The provisions of paragraphs 2 and 3 apply both to the rights and benefits referred to in articles 13, 18, 19, 21 and 22 of this Convention and to rights and benefits for which this Convention does not provide.chanroblesvirtuallawlibrary