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  • Tiu San V Republic Facts

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    Gillian Calpito
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    Tiu San filed a petition for a certificate of naturalization after being authorized for naturalization two years prior. The trial court denied the petition because Tiu San had been convicted of violating a municipal ordinance for failing to remove his lumber yard from a prohibited zone. The issue was whether this conviction would disqualify him from taking his oath of citizenship. The court held that under the relevant law, any conviction, including for a violation of a municipal ordinance, during the two year period prevents the applicant from taking the oath of citizenship.

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    Tiu San filed a petition for a certificate of naturalization after being authorized for naturalization two years prior. The trial court denied the petition because Tiu San had been convicted of violating a municipal ordinance for failing to remove his lumber yard from a prohibited zone. The issue was whether this conviction would disqualify him from taking his oath of citizenship. The court held that under the relevant law, any conviction, including for a violation of a municipal ordinance, during the two year period prevents the applicant from taking the oath of citizenship.

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    87 views1 page

    Tiu San V Republic Facts

    Uploaded by

    Gillian Calpito
    Tiu San filed a petition for a certificate of naturalization after being authorized for naturalization two years prior. The trial court denied the petition because Tiu San had been convicted of violating a municipal ordinance for failing to remove his lumber yard from a prohibited zone. The issue was whether this conviction would disqualify him from taking his oath of citizenship. The court held that under the relevant law, any conviction, including for a violation of a municipal ordinance, during the two year period prevents the applicant from taking the oath of citizenship.

    Copyright:

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    TIU SAN V REPUBLIC

    FACTS:
    -The Court of First Instance authorized the naturalization of Tiu San, alias Angel Gomez.
    -After 2 years, pursuant to Republic Act No. 530, Tiu San filed a petition praying for the issuance of the
    corresponding certificate of naturalization.
    -Said petition was denied by the trial court on the ground that Tiu San was convicted of a violation of
    Municipal Ordinance. On account of his failure to remove and transfer his lumber yard from a prohibited
    zone, in said municipality.

    ISSUE:
    Whether or not the conviction of an applicant for naturalization for violation of a municipal ordinance would
    disqualify him from taking his oath as a citizen.

    HELD:
    Yes. Under Republic Act No. 530, an applicant may be allowed to take his oath as a citizen after 2 years
    from the promulgation of the decision granting his petition for naturalization if he can show that during the
    intervening period “he has not been convicted of any offense or violation of government rules”.

    The law did not make any distinction between mala in se and mala prohibita. Conviction of the applicant
    from violation of municipal ordinance is comprehended within the statute and precludes applicant from
    taking his oath.

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