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animates the charter of the United Nations regarding the problem of non-
self-governing territories.
It can be rightfully said, therefore, that to Vitoria belongs the distinction CASE DIGEST
of having first enunciated and defended the right of self-determination of
peoples, which right is now enshrined in the United Nations Charter. (Martin
Arostegui, Vitoria and the Right of Self-Determination, 32 Phil. Li. No.
4, at 451-457 (1957). P2.50 at U.P., Diliman, Q.C. This issue also SUPREME COURT
contains: Perfecto V. Fernandez, Liberty as a Function of Power; Gre-
gorio R. Castillo, The Status of Social Insurance in the Philippines.)
CI VI L LAW — NAT URALI ZAT I ON — THE RE QUI RE ME NT OF ENROLLME NT I N
P UBLI C S CHOOLS 011 T HOS E RE COGNI ZE D BY T HE GOVE RNME NT OF T HE CHI LDRE N
OF A PETITIONER FOR NATURALIZATION COULD NOT BE EXACTED FROM ONE WHOSE
C H I L D R E N AR E N O T O F S C H O O L A G E . — Th e Cou rt of Fi rs t In s t an ce of Cebu
g r a n t ed t h e p et i t i o n fo r n a t u r a li z a t i o n o f Y u k a y O h . T h e G o v e r n m en t ap -
p e a l e d on t h e s o l e g r o u n d o f t h e fu l fi l l m e n t o f t h e ed u ca t i o n a l r e q u i r em e n t
o f p et i t i on er's ch i ld ren on e t wo years o ld an d t h e ot h er i n th e grad e s ch ool
o n l y. T h e G o v e r n m en t m a i n t a i n e d t h at b e c au s e o f t h i s p e t i t i o n e r h ad fa i l ed
t o gi ve h i s ch i ld ren p rimary an d s econ d ary ed u cat i on s o as t o ex empt p et i -
tioner from filing a declaration of intention, petitioner having resided
h e r e fo r m o r e t h an 3 0 ye a r s . As s u ch p e t i t i o n e r d i d n o t fi l e t h e d e c l a r at i o n
of intention. 1-1.ci c/, the requirement of enrollment in public s chools or
those recognized b y the government of the chi ldren of a petitioner for
n atu rali zati on cou ld n ot be exacted from on e wh os e ch i ld ren are n ot of
s c h o o l a g e . A g a i n , w h i l e p e t i t i o n e r 's e l d e s t s o n w a s s t i l l i n t h e f o u r t h
g r a d e , i t i s e n ou g h t h at t h e p et i t i o n e r h as g i v e n a l l h i s c h i l d re n o f s c h o o l
age the opportunity of obtaining primary and secondary education by their
enrollment and attendance in the schools mentioned by law. YUKAY OH v.
REPUBLIC, G.R. No. L-10084, Dec. 19, 1957.

CIVIL LAW — NATURALIZATION — CIVIL WAR IS NOT A SUFFICIENT EXCUSE

F O R F AI L U RE T O B RI NG MI NO R C HI LD RE N B AC K T O T HE P HI LI P P I N E S AN D GI VE
T HE M T HE E DUCAT I ON RE I QUI RE D BY OUR RE VI S E D NAT URALI Z AT I ON ACT . — Pe-
tition for naturalization of Vicente Lim alias Ng Sui Tan was denied by the
l o w e r c ou rt u p on t h e g r ou n d o f l a c k o f q u a l i fi c at i on . It w as fou n d ou t t h at
he was a Chinese citizen born in Amoy, China in 1915 and came to the Philip -
pines in 1924. He had nine child ren. His eldest child Geraldina who was born
in the Philippines in 1939 had been staying continuously in China since 1947
and had never enrolled in any school in the Philippines. She went to China by
reas on of i ll h ealth and h ad n ot b een heard of sin ce th e Communis t overran.
the mainland of China. Opposition was based on his failure t o send Geraldina
to any public or private schools in the Philippines , as required by the Natu -
ralizati on Law. Held , such a requi rement is mand at ory and the ci vi l war in
C h i n a i s n o t s u f fi c i e n t t o e x c u s e t h e fa i l u r e t o b r i n g m i n o r c h i l d r e n b a c k
to the Philippines and give them the education required by our Revised Natu -
ralization Law. Lim V. REPUBLIC, G.R. No. L-9999, Dec. 24, 1957.

CIVIL LAW — NATURALIZATION — To QUALIFY AS A WITNESS TO THE PROP.

ER AND LAW ABIDING BEHAVIOUR OF THE APPLICANT, THE PERSON DOES NOT NEED

309