FIRST DIVISION
[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, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellant.
Bernardito A. Florido for Petitioner-Appellee.
Solicitor General Antonio P. Barredo, Assistant Solicitor General Frine’ C. Zaballero and Solicitor Hector C. Fule for Oppositor-Appellant.
SYLLABUS
1. POLITICAL LAW; NATURALIZATION; QUALIFICATIONS; RESIDENCE, SCOPE OF TERM. — "Residence" encompasses all places where petitioner actually and physically resided, whether permanent or temporary.
2. ID.; ID.; PETITION; FAILURE TO SPECIFY PRESENT AND FORMER PLACES OF RESIDENCE, FATAL. — 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." Such defect is fatal.
2. ID.; ID.; PETITION; FAILURE TO SPECIFY PRESENT AND FORMER PLACES OF RESIDENCE, FATAL. — 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." Such defect is fatal.
D E C I S I O N
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.
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.
Endnotes:
1. Naturalization Case 34, entitled "In Re: Petition for Naturalization, Lucio Tan Tiu alias Tiu Ping Sing and Lucio Tiu Imsong."cralaw virtua1aw library
2. Section 7, Revised Naturalization Act.
3. Tr., August 18, 1961, p. 46.
4. Burca v. Republic, L-24252, January 30, 1967, 19 SCRA 186, 195.
5. Choa Hai v. Republic, L-23515, February 27, 1969, 27 SCRA 75, 78, citing cases.
6. Lim Siong v. Republic, L-26601, June 30, 1969, 28 SCRA 687, 690, citing cases.
7. Lim Siong v. Republic, supra, at p. 690; Zabaleta v. Republic, L-25401, June 30, 1969, 28 SCRA 604, 656, citing cases. See also: Tan Tian v. Republic, L-19899, March 18, 1967, 19 SCRA 606, 607, citing cases; Sy Suan v. Republic, L-23470, February 28, 1969, 27 SCRA 182, 183-184; Go Ay Koc v. Republic, L-23652, April 25, 1969, 27 SCRA 988, 991, citing cases; Chua Lian Yan v. Republic, L-26416, April 25, 1969, 27 SCRA 1024, 1029.
