This case has been cited 1 times or more.
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2000-03-27 |
MENDOZA, J. |
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| One last point. The above discussion would have been enough to dispose of this case, but to settle all the issues raised, we shall briefly discuss the effect of petitioner's failure to include the address "J.M. Basa St., Iloilo" in his petition, in accordance with §7, C.A. No. 473. This address appears on petitioner's Immigrant Certificate of Residence, a document which forms part of the records as Annex A of his 1989 petition for naturalization. Petitioner admits that he failed to mention said address in his petition, but argues that since the Immigrant Certificate of Residence containing it had been fully published,[19] with the petition and the other annexes, such publication constitutes substantial compliance with §7.[20] This is allegedly because the publication effectively satisfied the objective sought to be achieved by such requirement, i.e., to give investigating agencies of the government the opportunity to check on the background of the applicant and prevent suppression of information regarding any possible misbehavior on his part in any community where he may have lived at one time or another.[21] It is settled, however, that naturalization laws should be rigidly enforced and strictly construed in favor of the government and against the applicant.[22] As noted by the State, C.A. No. 473, §7 clearly provides that the applicant for naturalization shall set forth in the petition his present and former places of residence.[23] This provision and the rule of strict application of the law in naturalization cases defeat petitioner's argument of "substantial compliance" with the requirement under the Revised Naturalization Law. On this ground alone, the instant petition ought to be denied. | |||||