G.R. No. L-22390. February 29, 1968.
IN THE MATTER OF THE PETITION FOR NATURALIZATION OF TAN KHE SHING alias TAN KEE SING. TAN KHE SHING alias TAN KEE SING, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Tan Khe Shing alias Tan Kee Sing, a citizen of the Republic of China born on August 31, 1925, arrived in the Philippines on November 19, 1929. He established legal residence in Boac, Marinduque. He completed his primary education in Boac, his elementary grades at the Chinese Republican School, and his high school at the Anglo-Chinese School in Manila, where he lived for two to three years. He married So Muy Nun, a Chinese citizen, on January 29, 1950, in Manila, and they have six children. Three school-age children were enrolled at Crusader’s Academy in Binondo, Manila. Petitioner owns a general merchandise store in Boac with a capital of P30,000.00 and an annual income ranging from P6,000.00 to P9,000.00. Two witnesses testified to his good moral character. The Court of First Instance of Marinduque granted his petition for naturalization. The Republic appealed, alleging the petitioner did not sincerely desire to embrace Filipino customs and traditions and conducted himself improperly by continuously using an alias without judicial authority.

ISSUE

1. Whether the petitioner evinced a sincere desire to embrace Filipino customs and traditions.
2. Whether the petitioner conducted himself in a proper and irreproachable manner given his continuous use of an alias without judicial authority.
3. Whether there were additional fatal defects in the petition regarding notice/publication requirements and the statement of former residences.

RULING

The Supreme Court reversed the lower court’s decision and dismissed the petition.
1. On the first issue, the Court found no sufficient evidence in the record to prove that the Crusader’s Academy, where petitioner’s children studied, was predominantly attended by children of Chinese nationals. Therefore, the enrollment alone did not justify a finding against his sincerity.
2. On the second issue, the Court held that the petitioner’s use of the alias “Tan Kee Sing” violated Commonwealth Act No. 142 . His explanation that a teacher misspelled his name during primary school was uncorroborated. The Court ruled that “Tan Kee Sing” is not merely a different spelling of “Tan Khe Shing” but a different name altogether, constituting an alias in contemplation of law. This violation is a ground for denial of naturalization.
3. The Court, reviewing the case entirely, identified two additional fatal defects:
a. Non-compliance with notice/publication requirements: The publication of the petition was made in the “Nueva Era” newspaper. There was no positive evidence that this newspaper was of general circulation in the province of Marinduque, only an affidavit stating it was of general circulation in the Philippines. The law requires publication in a newspaper of general circulation in the province where the petitioner resides.
b. Failure to state former places of residence: The petition failed to state that the petitioner resided in Manila for two to three years while studying at the Anglo-Chinese School. The law requires a petitioner to set forth all former places of residence to inform the public and enable objections. Omitting a former residence is a fatal defect that withholds the full opportunity for intelligent objection against the petition.
The petition was dismissed, with costs against the petitioner.