Dennis L. Go, Petitioner, vs. Republic of The PHILIPPINES, Respondent
Dennis L. Go, Petitioner, vs. Republic of The PHILIPPINES, Respondent
Dennis L. Go, Petitioner, vs. Republic of The PHILIPPINES, Respondent
*
DENNIS L. GO, petitioner, vs. REPUBLIC OF THE
PHILIPPINES, respondent.
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*THIRD DIVISION.
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Go vs. Republic
right to vote, the right to hold public office and the right to
petition the government for redress of grievance.
Same; Naturalization; No less than the 1987 Constitution
enumerates who are Filipino citizens. Among those listed are
citizens by naturalization, which refers to the legal act of adopting
an alien and clothing him with the privilege of a nativeborn
citizen.No less than the 1987 Constitution enumerates who are
Filipino citizens. Among those listed are citizens by
naturalization, which refers to the legal act of adopting an alien
and clothing him with the privilege of a nativeborn citizen.
Under the present laws, the process of naturalization can be
judicial or administrative. Judicially, C.A. No. 473 provides that
after hearing the petition for citizenship and receipt of evidence
showing that the petitioner has all the qualifications and none of
the disqualifications required by law, the competent court may
order the issuance of the proper naturalization certificate and the
registration thereof in the proper civil registry. On the other
hand, Republic Act (R.A.) No. 9139 provides that aliens born and
residing in the Philippines may be granted Philippine citizenship
by administrative proceeding by filing a petition for citizenship
with the Special Committee, which, in view of the facts before it,
may approve the petition and issue a certificate of naturalization.
In both cases, the petitioner shall take an oath of allegiance to the
Philippines as a sovereign nation.
Same; Same; Naturalization is not a right, but one of privilege
of the most discriminating, as well as delicate and exacting nature,
affecting, as it does, public interest of the highest order, and which
may be enjoyed only under the precise conditions prescribed by law
therefor.It is a wellentrenched rule that Philippine citizenship
should not easily be given away. All those seeking to acquire it
must prove, to the satisfaction of the Court, that they have
complied with all the requirements of the law. The reason for this
requirement is simple. Citizenship involves political status;
hence, every person must be proud of his citizenship and should
cherish it. Verily, a naturalization case is not an ordinary judicial
contest, to be decided in favor of the party whose claim is
supported by the preponderance of the evidence. Naturalization is
not a right, but one of privilege of the most discriminating, as well
as delicate and exacting nature, affecting, as it does, public
interest of the highest order, and which
140
Go vs. Republic
141
Go vs. Republic
142
Go vs. Republic
MENDOZA, J.:
Before this Court is a petition for review on certiorari
under Rule 45 of the 1997 Rules of Civil Procedure,
assailing the January 18, 2012 Decision1 and the July 23,
2012 Resolution2 of the Court of Appeals (CA) in C.A.G.R.
CV No. 95120, which reversed and set aside the November
18, 2008 Decision of the Regional Trial Court, Branch 45,
Manila (RTC), by dismissing, without prejudice, the
petition for naturalization filed by Dennis L. Go
(petitioner).
The Facts
On October 13, 2004, petitioner filed a petition for
naturalization under Commonwealth Act (C.A.) No. 473,
the Revised Naturalization Law,3 with the RTC, where it
was docketed as Naturalization Case No. 03107591.
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4 Sec. 9. Notification and appearance.Immediately upon the filing of a
petition, it shall be the duty of the clerk of court to publish the same at the
petitioners expense, once a week for three consecutive weeks, in the Official
Gazette, and in one of the newspapers of general circulation in the province where
the petitioner resides, and to have copies of said petition and a general notice of
the hearing posted in a public and conspicuous place in his office or in the building
where said office is located, setting forth in such notice the name, birthplace, and
residence of the petitioner, the date and place of his arrival in the Philippines, the
names of the witnesses whom the petitioner proposes to introduce in support of his
petition, and the date of the hearing of the petition, which hearing shall not be
held within ninety days from the date of the last publication of the notice. The
clerk shall, as soon as possible, forward copies of the petition, the sentence, the
naturalization certificate, and other pertinent data to the Department of the
Interior (now Office of the President), the Bureau of Justice (now Solicitor
General), the Provincial Inspector of the Philippine Constabulary of the province
(now Provincial Commander) and the Justice of the Peace of the municipality
wherein the petitioner resides (now the RTC).
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5Rollo, p. 86.
6Id., at pp. 120122.
7Id., at pp. 123126.
8Id., at pp. 127130.
9Id., at pp. 131132.
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148 SUPREME COURT REPORTS ANNOTATED
Go vs. Republic
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24Rollo, p. 37.
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