G.R. No.

212785, APRIL 4, 2018

REPUBLIC vs GO PEI HUNG

FACTS:

Respondent, a British subject and Hong Kong resident, filed a Petition for
Naturalization seeking Philippine citizenship. Republic appealed the decision, it claimed
that respondent failed to file with the OSG a Declaration of Intention as required under
Section 5 of CA 473, as amended, which provides that: One year prior to the filing of his
petition for admission to Philippine citizenship, the applicant for Philippine citizenship
shall file with the Bureau of Justice, a declaration under oath that it is bona fide his
intention to become a citizen of the Philippines.

ISSUE:

Whether or not the petition should be granted.

HELD:

No. In a long line of cases decided by the Supreme Court, it held in essence that an
applicant for naturalization must show full and complete compliance with the
requirements of the naturalization law; otherwise, his petition for naturalization will be
denied. Section 7 of the Revised Naturalization Law or CA 473 requires, among others, that
an applicant for naturalization must attach a Certificate of Arrival to the Petition for
Naturalization.

In the case at bar, respondent came to the country sometime in 1973; thus, he
should have attached a Certificate of Arrival to his Petition for Naturalization. This is
mandatory as respondent must prove that he entered the country legally and not by
unlawful means or any other manner that is not sanctioned by law. Because if he entered
the country illegally, this would render his stay in the country unwarranted from the start,
and no number of years' stay here will validate his unlawful entry. For failure to attach his
Certificate of Arrival to the Petition for Naturalization, the same must be dismissed.