Lee Cho vs. Republic of The Philippines

Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-12408
December 28, 1959
LEE CHO alias SEM LEE, petitioner-appellee,
vs.
REPUBLIC OF THE PHILIPPINES, oppositorappellant.
A. P. Deen and Eddy A. Deen for appellee.
Assistant Solicitor General Florencio Villamor and
Solicitor Conrado T. Limcaoco for appellant.
BAUTISTA ANGELO, J.:
This is a petition for naturalization filed by Lee
Cho alias Sem Lee before the Court of First
Instance of Cebu.
After the reception of the evidence, the court on
August 30, 1956 rendered decision finding
petitioner qualified to be a Filipino citizen.
However, on October 2, 1957, the government filed
a motion for new trial on the ground of newly
discovered evidence which if presented may affect
the qualification of petitioner, and finding the same
well founded, the court entertained the motion.
After the re-hearing, where the newly discovered
evidence was presented, the court again rendered
decision reaffirming its holding that petitioner is
qualified to become a Filipino citizen, whereupon
the government interposed the present appeal.
Petitioner was born in Amoy, China, on September
22, 1907, of Chinese parents. He came to the
Philippines sometime in February, 1921 and was
given the corresponding alien certificate of
residence and registration. He settled in the City of
Cebu where he has continuously resided up to the
present time.
On December 8, 1929, he married one Sy Siok Bin
with whom he had 13 children, all born in the City
of Cebu. All these children had been issued the
corresponding alien certificate of registration, with
the exception of Lourdes Lee who married a
naturalized Filipino citizen named Lim Kee Guan.
With the exception of William Lee who is not of
school age, Angelita who rendered only grade five
and Lourdes who stopped in third year high school,
the other children are at present studying in
private schools and colleges recognized by the
government.
Petitioner studied from first grade to seventh grade
in the Cebu Chinese High School, a private
institution recognized by the Government. He and
his family profess the Roman Catholic faith. He
speaks and writes English and the Cebu dialect.
From 1921 to the outbreak of the last war,
petitioner was engaged in corn business in the City
of Cebu and from 1946 was engaged in lumber
business, having been associated with some

Filipinos. He invested P5,000.00 capital in the
business and at present the actual worth of his
share is about P20,000.00.
Petitioner is receiving a monthly salary of P400.00
and realizes a profit share is about P10,000.00
every year. he has no tax liability to the
government. In other respects, he possesses all the
qualifications and none of the disqualifications
prescribed by law.
Before an applicant may apply for Philippine
citizenship, the law requires that he file a
declaration of intention to become a Filipino citizen
one year prior to the filing of application unless he
is exempt from complying with said requirement
(Section 6. Naturalization Law). This section
exempts one from filing a declaration of intention
in two cases; (a) if he is born in the Philippines and
has received primary and secondary education in
any school recognized by the government; and (b)
if he has continuously resided in the Philippines for
a period of 30 years or more provided that he has
given primary and school or in private schools
recognized by the government.
In the instant case, petitioner has not filed any
declaration of intention to become a Filipino citizen
because, as he claims, he has resided continuously
in the Philippines for a period of more than 30
years and has given primary and secondary
education to all his children in private schools
recognized by the government.
This claim is, however, disputed by the government
who contends that petitioner has failed to comply
with the requirement of the law regarding his duty
to afford primary and secondary education to all
his children because he failed to give such
education to his daughters Angelita Lee and
Lourdes Lee.
We find merit in this contention. In the fist place,
the evidence shows that Angelita Lee has only
reached grade five and no explanation was given
why no secondary education was afforded her
which requires the teaching of Philippine Civics.
Philippine History and Philippine Government,
subjects that are precisely required of aliens who
desire to embrace Philippine citizenship for their
indoctrination on matters concerning our history,
government and nationalism. The reason advanced
that she was not able to complete her studies
because she got married is not only satisfactory
but betrays the sincerity of petitioner in embracing
our citizenship.
The case of Lourdes Less is even more significant.
It appears that she studied only as far as third year
high school and then stopped allegedly because of
poor health. But, by her own admission in open

court, it was shown that in spite of her alleged
sickness she continued her studies, not in the high
school proper, but in a Chinese school which
employs
strictly Chinese curriculum where
Philippine Civics, Philippine History and Philippine
Government are not taught. This circumstance also
betrays the sincerity of petitioner to become a
Filipino citizen for if his motive were proper he
should not have tolerated such deviation form the
educational requirement of the law.
order that its laudable and nationalistic purpose

may be fully fulfilled, 1we are persuaded to
conclude that petitioner has failed to qualify to
become a Filipino citizen and so his petition should
be denied.
Wherefore, the decision appealed from is
reversed, with costs against petitioner.
Paras,
C.J.,
Padilla,
Montemayor,
Labrador,
Concepcion, Reyes, J.B.L., Endencia Barrera, and
Gutierrez David JJ., concur.
Considering
that
the
provisions
of
the
Naturalization Law should be strictly construed in

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Republic of the Philippines

business, having been associated with some

poor health. But, by her own admission in open

order that its laudable and nationalistic purpose

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