G.R. No. L-29580. April 27, 1972.
IN THE MATTER OF THE PETITION OF MACARIO YU TO BE ADMITTED A CITIZEN OF THE PHILIPPINES, MACARIO YU, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.

FACTS

Petitioner-appellant Macario Yu, born in Bugang, Sagay, Misamis Oriental to Chinese parents, filed a petition for naturalization in the Court of First Instance (CFI) of Cebu, alleging residence at Sanciangco Street, Cebu City since February 1964. He had previously filed a similar petition in the CFI of Misamis Oriental in 1962 or 1963, which he withdrew in February 1964, citing the disqualification of his witnesses. In his Cebu petition, however, he testified that the withdrawal was due to his transfer of residence to Cebu.
During the hearing, it was revealed that deportation charges had been filed against Yu by residents of Tangaro, Catarman, Misamis Oriental. The Solicitor General opposed the petition, arguing Yu was not a bona fide resident of Cebu and had filed there to avoid opposition in Misamis Oriental.

ISSUE

The primary issue is whether the CFI of Cebu validly acquired jurisdiction over Yu’s naturalization petition, which hinges on whether he was a legal resident of Cebu for at least one year immediately preceding its filing.

RULING

The Supreme Court affirmed the lower court’s denial of the petition. The Court held that the CFI of Cebu lacked jurisdiction because Yu failed to prove he was a bona fide resident of Cebu City for the required one-year period prior to filing. Jurisdiction in naturalization cases is vested exclusively in the court of the province where the applicant has established legal residence for at least one year immediately preceding the petition.
The evidence conclusively demonstrated Yu’s continued residence in Misamis Oriental, not Cebu. His 1966 residence certificate listed his address as Bugang, Sagay, Misamis Oriental. Certifications from the Sagay municipal judge and chief of police, issued in late 1966, identified him as a resident of that municipality. His claim of being a Cebu-based purchasing agent for a copra business operating in Misamis Oriental was illogical and unsupported. The Court found his transfer of venue was a deliberate tactic to evade opposition from the community in Misamis Oriental where deportation charges were pending. Furthermore, Yu presented inconsistent reasons for withdrawing his first petition, undermining his credibility. Given the absence of proven legal residence in Cebu, the CFI of Cebu correctly dismissed the petition for lack of jurisdiction. The decision of the lower court was affirmed.