551 Phil. 582
AUSTRIA-MARTINEZ, J.:
x x x (1) petitioners are spouses of Indian nationality having been born in India on August 23, 1953 (Shewak) and September 1, 1957 (Kavita) with four (4) children who were all born in the Philippines and students at Brent School, an educational institution recognized by the Philippines Government where Philippine History, Government and Civics are taught; said children are residing at their parents' address at 2284 Magnolia St., DasmariƱas, Makati City; (2) petitioner Shewak Keswani arrived for the first time in the Philippines on March 24, 1976 via Qantas AirLines, joined later by his wife, and have since continuously resided in the Philippines in the various addresses in Quezon City, Manila, Pasig City, Mandaluyong City and Makati City; (2) they can speak Tagalog, English and Sindhi (Indian dialect); (3) they are persons of good moral character and believe in the principles underlying the Philippine Constitution; have conducted themselves in proper and irreproachable manner during the entire period of their residence in the Philippines up to the present in their relation with the constituted government as well as with the community in which they live; (4) more than a year prior to the filing of the present petition, they filed their Affidavit of Joint Declaration of Intention to become citizens of the Philippines; (5) they own real properties in the Philippines and are both stockholders of Glamour Garments, Inc. and Chitra Manufacturing, Inc., both primarily engaged in the manufacture and export of garments; as majority stockholders they both derive annual gross income of more than P2,000,000.00; (6) they have all the qualifications required under Sec. 2 and none of the disqualifications provided under Sec. 4 of C.A. No. 473, as amended - they have not opposed organized government or affiliated with any association who uphold and teach doctrines opposing all organized government; they do not defend or teach the necessity or propriety of violence, personal assault, or assassination for the success and predominance of these ideals; they are not polygamists or believers in polygamy; they have not been convicted of any crime involving moral turpitude nor suffering from any mental alienation or incurable contagious diseases; during the period of their residence in the Philippines up to the present, they continue to mingle socially with Filipinos and evince sincere desire to learn and embrace the customs, traditions and ideals of the Filipinos; and their country, India, is not at war with Philippines and likewise grants the right to become naturalized citizens of India; and (7) it is their intention in good faith to become citizens of the Philippines and to renounce absolutely and forever any allegiance and fidelity to India; they will reside continuously in the Philippines from the date of the filing of the petition up to the time of their admission to Philippine citizenship.[1]Notices of hearing on the petition were posted on December 7, 1998, while publication was made on different dates in 1999. Thereafter, an ex parte hearing was held on September 27 and October 11, 1999, where petitioners and two character witnesses were presented to prove the allegations in their petition.
WHEREFORE, premises considered, the present appeal is hereby GRANTED and the decision appealed from in Naturalization Case No. M-68 is hereby ANNULLED and SET ASIDE. A new judgment is hereby rendered DISMISSING the joint petition for naturalization of Shewak A. Keswani and Kavita S. Keswani as Filipino citizens.Petitioners now come before the Court on a petition for review on certiorari under Rule 45 of the Rules of Court, asserting the following reasons for its allowance:
No pronouncement as to costs.
SO ORDERED.[7]
Petitioners posit the argument that the applicable procedure with regard to appeals governing naturalization cases is that provided under Section 11 of Commonwealth Act (C.A.) No. 473 or the Revised Naturalization Law, as amended, which states that the appeal should be filed with the Supreme Court and not the CA. Petitioners also argue that their testimonies and the testimonies of their two witnesses are sufficient to establish that they have all the qualifications and none of the disqualifications to become naturalized citizens.
- IN GIVING DUE COURSE TO RESPONDENT'S APPEAL, WHICH IS CONTRARY TO THE PROVISIONS OF SECTION 11, COMMONWEALTH ACT NO. 473, AS AMENDED, THE COURT OF APPEALS ACTED WITHOUT JURISDICTION, CORRECTIBLE BY CERTIORARI.
- IN TAKING COGNIZANCE OF RESPONDENT'S APPEAL, FILED DIRECTLY TO THE COURT OF APPEALS, INSTEAD WITH THIS HONORABLE COURT, CONTRARY TO THE PROVISIONS OF SECTION 11 COMMONWEALTH ACT NO. 473, AS AMENDED, THE COURT OF APPEALS ACTED WITHOUT JURISDICTION, CORRECTIBLE BY CERTIORARI.
- IN GRANTING THE APPEAL OF RESPONDENT, FILED WITH THE COURT OF APPEALS, WHICH IS CONTRARY TO THE PROVISIONS OF SECTION 11, COMMONWEALTH ACT NO. 473, AS AMENDED, THE COURT OF APPEALS ACTED WITHOUT JURISDICTION, CORRECTIBLE BY CERTIORARI.
- IN THE ALTERNATIVE, IN HOLDING THAT PETITIONERS-SPOUSE DO NOT POSSESS ALL THE QUALIFICATIONS AND NONE OF THE DISQUALIFICATIONS UNDER THE LAW, THE COURT OF APPEALS ACTED CONTRARY TO THE LAW OR IN EXCESS OR WITHOUT JURISDICTION, CORRECTIBLE BY CERTIORARI.[8]
x x x In this case, appellant correctly pointed out that petitioners-appellees failed to prove by evidence the material allegations in their joint petition such as their alleged annual gross earnings and financial status, the conditions for the educational institution where their children are currently enrolled, and the absence of any conviction for offenses involving moral turpitude. Except for their bare and self-serving declarations in court, petitioners-appellees failed to adduce documentary and oral evidence showing that they indeed possess the statutory qualifications. Not even a single document concerning their ownership of the garment firms of which they allegedly control the majority interest, income tax returns filed showing their annual gross income claimed to be in the amount of P2 million, and those showing the enrollment of their children in the prescribed educational institution. There is absolutely no iota of evidence proving these allegations which constitute the very required qualifications and disqualifications under the law. x x x [11] (Emphasis supplied)In Tiu v. Republic,[12] it was ruled that "it is the bounden and inescapable duty of anyone applying for naturalization to carry at all times the burden of proving his right thereto, not only by complying with all the substantive and procedural requirements and submitting proof thereof at the trial x x x."