[ G.R. No. 21558. January 30, 1970 ] 142 Phil. 202
[ G.R. No. 21558. January 30, 1970 ]
IN RE: PETITION FOR NATURALIZATION, LUCIO TAN TIU ALIAS TIU PING SING AND LUCIO TIU IMSONG, PETITIONER-APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR-APPELLANT. D E C I S I O N
SANCHEZ, J.:
From a judgment[1] of the Court of First Instance of Surigao del Norte dated December 21, 1961, declaring Lucio Tan Tiu eligible for Philippine citizenship, the State appealed,
For one reason alone, the judgment must be reversed.
Lucio Tan Tiu failed to state in his naturalization petition “his present and former places of residence."[2] That petition’ merely avers that he has “resided, continuously in the Philippines, particularly at Numancia, Surigao, since my birth”, and that his present place of residence is at Numancia, Surigao.
Applicant however testified that he resided in Dapa, Surigao, since his birth on September 12, 1927 until 1949 when he moved to Numancia, Surigao,[3] a period of 22 years. Moreover, the alien certificates of registration of all his children, born between the years 1951 to 1960, show that they were all born in Cebu City and reside in Dapa, Surigao.
“Residence” encompasses all places where petitioner actually and physically resided,[4] whether permanent or temporary.[5] We have repeatedly said that failure to specify in the petition for naturalization petitioner’s present and former places of residence affects the court’s jurisdiction “to hear and decide the case."[6] Such defect is fatal.[7]
Judgment reversed. Petition for naturalization denied.
Costs against petitioner-appellee.
SO ORDERED. Concepcion, C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Castro, Fernando, Teehankee, and Barredo, JJ., concur.