REPUBLIC VS. LIYAO 214 SCRA 748. 1992

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REPUBLIC VS. LIYAO
214 SCRA 748. 1992


FACTS:

William Li Yao, a Chinese national, filed a petition for naturalization in June 1949. The court ruled that he possessed all the qualifications necessary to become a naturalized Filipino though the decision will only become executory until after 2 years from its promulgation when the court is satisfied that during the intervening period, the applicant has 1. Not left the Philippines, 2. Has dedicated himself to a lawful calling or profession, 3. Has not been convicted of any offense or violation of Government promulgated rules, or 4. Committed any act prejudicial to the interest of the nation or contrary to the government announced policies.

In 1952, the court allowed him to take his oath of allegiance as Filipino. In 1968, Solicitor General filed a motion to cancel the certificate of naturalization as it was fraudulently acquired, for he evaded payment of taxes due to the government. C was cancelled.

ISSUE:

Whether the cancellation of the Certificate of Naturalization of Li Yao is valid.

HELD:

Yes. Com. Act. No 473 known as Revised Naturalization Act, Sec. 18 (a), provides that a naturalization certificate may be cancelled if it is shown that said naturalization was obtained fraudulently or illegally. A naturalization proceeding is not a judicial adversary proceeding, the decision rendered therein, not constituting res Judicata as to any matter that would support a judgment cancelling a certificate of naturalization. In the case of Lim Yu vs. Republic, it was held that concealment of applicant’s income to evade payment of lawful taxes shows that his moral character is not irreproachable, this disqualifying him for naturalization.

Naturalization laws should be rigidly enforced in favor of the government and against the applicant.

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