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Tiu San V Republic Facts
Tiu San V Republic Facts
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.