This case has been cited 1 times or more.
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2012-06-18 |
DEL CASTILLO, J. |
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| Moreover, a review of the decisions involving petitions for naturalization shows that the Court is not precluded from reviewing the factual existence of the applicant's qualifications. In fact, jurisprudence holds that the entire records of the naturalization case are open for consideration in an appeal to this Court.[100] Indeed, "[a] naturalization proceeding is so infused with public interest that it has been differently categorized and given special treatment. x x x [U]nlike in ordinary judicial contest, the granting of a petition for naturalization does not preclude the reopening of that case and giving the government another opportunity to present new evidence. A decision or order granting citizenship will not even constitute res judicata to any matter or reason supporting a subsequent judgment cancelling the certification of naturalization already granted, on the ground that it had been illegally or fraudulently procured. For the same reason, issues even if not raised in the lower court may be entertained on appeal. As the matters brought to the attention of this Court x x x involve facts contained in the disputed decision of the lower court and admitted by the parties in their pleadings, the present proceeding may be considered adequate for the purpose of determining the correctness or incorrectness of said decision, in the light of the law and extant jurisprudence."[101] In the case at bar, there is even no need to present new evidence. A careful review of the extant records suffices to hold that respondent Ong has not proven his possession of a "known lucrative trade, profession or lawful occupation" to qualify for naturalization. | |||||