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PLJ volume 37 number 1 -01- Deogracias Eufemio

PLJ volume 37 number 1 -01- Deogracias Eufemio

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A. Ban against acquisition of lands as applied tonaturaliz·ation<br />

vases.<br />

Scrupulous observance of the foregoing constitutional mandate<br />

is demanded not only from Filipinos themselves, but more specially<br />

from those desirous of acquiring Philippine citizenship by naturalization.<br />

Thus, where the circumstances leave serious doubt as to<br />

whether or not an applicant for naturalization really attempted to<br />

circumvent this constitutional inhibition by purchasing a lot thru<br />

his mother-in-law, a Filipino citizen, there being strong indications<br />

that the said lot was purchased with money furnished by him, and<br />

said lot being for his benefit and that of his wife, the application<br />

must be resolved adversely against the applicant.t 62 In the case of<br />

Tan Tiam v. R.epublic,tooit appears that on Oct. 22, 1956, the trial<br />

court issued an order declaring petitioner qualifiedto becomea Filipino<br />

citizen. On Oct. 7, 1958, petitioner filed a petition to 'set a<br />

date for his oath-taking, alleging that the two-year probationary<br />

period would expire on Oct. 22, 1958. On this latter date, petitioner<br />

adduced evidence to show that he has complied with the provisions<br />

of·Rep. Act No. 530 which prescribes the requisites before an alien<br />

could be allowed to take his oath of allegiance. On cross-examination,<br />

however, petitioner admitted that on Feb. 5, 1957, while ~till<br />

a Chinese citizen and well within the two-year probationary period,<br />

he entered into an agreement to sell with the Sta. Mesa Realty, Inc.<br />

involving a parcel of land payable in installments for ten years, and<br />

consented to the placing of his citizenship therein as "Filipino."<br />

The court denied his petition to take the oath of allegiance; hence,<br />

this appeal.<br />

The issue is whether or not the execution by petitioner of the<br />

agreement to sell and his consenting to the placing of his nationality<br />

as "Filipino" thereon are acts "prejudicial to the interest of the<br />

nation or contrary to any Government announced policies," pursuant<br />

to Sec. 1 of Rep. Act No. 530.<br />

The Court decided against petitioner-appellant. According to<br />

the Court, the inhibition against acquisition by aliens of privah~<br />

agricultural lands in the Philippnes embodied in the Constitution<br />

is undoubtedly a government-announced policy. Petitioner's actuations<br />

surrounding the executionof that document (agreement to sell)<br />

a:r,econtrary to such a policy and have cast doubt upon his sincerity.<br />

lie has arrogated unto himself a prized attribute of citizenship which<br />

he has not yet possessed. Upon the execution of the document and

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