EN BANC
[G.R. No. L-6036. March 19, 1953. ]
In the Matter of the Petition of Geronimo Yu, to be admitted as citizen of the Philippines. GERONIMO YU, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondent.
Melquiades Sucaldito and Agudo Gepte for Appellee.
Assistant Solicitor General Lucas Lacson and Solicitor Isidro C. Borromeo for Appellant.
SYLLABUS
1. NATURALIZATION; DECLARATION OF INTENTION TO BECOME CITIZEN; ENROLLMENT OF MINOR CHILD IN PUBLIC OR PRIVATE SCHOOL. — Failure to file within one year prior to the institution of petition for naturalization the necessary declaration of intention to become a Filipino citizen and the fact that one of the petitioner’s children, a minor of school age, has never been enrolled in the public schools or private schools recognized by the Government, are legal impediments to his petition for naturalization.
D E C I S I O N
PARAS, C.J. :
This is an appeal by the Government from an order of the Court of First Instance of Cotabato, granting the petition for naturalization of the petitioner-appellee, Geronimo Yu.
The sole grounds advanced by the Solicitor General for the reversal of the appealed order are that the appellee, not being exempted, had failed to file one year prior to the institution on May 30, 1950 of his petition for naturalization the necessary declaration of his intention to become a Filipino citizen, and that one of his children, Yu Kiat Lim, a minor of school age, has never been enrolled in the public schools or private schools recognized by the Government. The appellee excused himself from filing a brief, for the reason that he concurs in the views of the Solicitor General.
The legal requirements thus pointed out not having been complied with by the appellee, the questioned order must be as it is hereby reversed, and his petition for naturalization denied. So ordered, without costs.
Feria, Pablo, Bengzon, Padilla, Tuason, Reyes, Jugo, Bautista Angelo, Montemayor and Labrador, JJ., concur.
The sole grounds advanced by the Solicitor General for the reversal of the appealed order are that the appellee, not being exempted, had failed to file one year prior to the institution on May 30, 1950 of his petition for naturalization the necessary declaration of his intention to become a Filipino citizen, and that one of his children, Yu Kiat Lim, a minor of school age, has never been enrolled in the public schools or private schools recognized by the Government. The appellee excused himself from filing a brief, for the reason that he concurs in the views of the Solicitor General.
The legal requirements thus pointed out not having been complied with by the appellee, the questioned order must be as it is hereby reversed, and his petition for naturalization denied. So ordered, without costs.
Feria, Pablo, Bengzon, Padilla, Tuason, Reyes, Jugo, Bautista Angelo, Montemayor and Labrador, JJ., concur.
