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[IN MATTER OF PETITION OF JESUS J. GO. TO BE ADMITTED A CITIZEN OF PHILIPPINES. JESUS J. GO v. REPUBLIC](https://lawyerly.ph/juris/view/c34a7?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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106 Phil. 788

[ G. R. No. L-11895, December 29, 1959 ]

IN THE MATTER OF THE PETITION OF JESUS J. GO. TO BE ADMITTED A CITIZEN OF THE PHILIPPINES. JESUS J. GO, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

D E C I S I O N

ENDENCIA, J.:

Appeal  from a judgment  rendered  by the Court  of First Instance of Cebu  granting Philippine citizenship to petitioner-appellee Jesus  J. Go.

Petitioner-appellee is a Chinese citizen, born in Bogo, Cebu; he is single and has acquired his high school  education from  the Cebu Roosevelt Memorial Colleges; he has finished the  course  in Pharmacy, but has not taken the Board  Examination, he being an alien; he has no lucrative profession, but he has an allowance of P60 from his father.  He  owns property valued at P6,000  which was donated to him by his grandmother on July 17, 1954, or one week before he filed his application for naturalization.  He speaks and writes English and 1; he Cebuano  dialect; he believes in the principles underlying the  Philippine Constitution and is not opposed to organized government nor affiliated with  any association or group  of persons who uphold doctrines opposed to all organized government; he does not believe in the necessity or propriety of violence or assassination for the success and predominance of men's ideas; he has never been convicted of any crime involving moral  turpitude and is  not  suffering from  any  mental alienation or any incurable contagious disease.  Seemingly he has all the qualifications required by law and none of the disqualifications for the grant of Philippine  citizenship and therefore the decision appealed from should be maintained.  But  inasmuch as his witness Jesus Varallo testified that  the petitioner-appellee mingled politically with the Filipinos and solicited votes of his Filipino friends for the candidate of his preference because he  could not  himself vote during elections, being an alien, the  government appealed contending that under the ruling of  this Court in the case of Benluy vs.  Republic  of the Philippines, (94 Phil., 110, 50  Off. Gaz.,  142), the  decision in  question should be reversed.

Section 56 of the  Revised Election Code  clearly provides that "no foreigner shall aid  any candidate, directly or indirectly, or take part in  or to influence in any manner any election.'   Not only  in the case aforecited, but also  in the cases of Ernesto Go vs. Republic of the Philippines, G. R. No. L-12101, Jan. 24, 1959; and  Kiat Chun Tan vs. Republic of the Philippines, supra p. 159, we ruled that  violation  of the Election Law  committed by aliens prior to the filing of their application is sufficient cause for not granting them Philippine citizenship, such violation being considered a  serious  offense penalized under Sections 183 and 185 of  the Revised Election Code with imprisonment of not less than one year  and one day but not more than five  years  and deportation in case of a foreigner.  The facts proven in the instant case are similar to those involved in the aforecited cases.   Accordingly the decision of the lower court should be  as it is  hereby reversed, with costs.

Paras, C. J., Bengzon, Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., Barrera, and Gutierrez David, JJ., concur.

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