ZITA NGO BURCA, petitioner and appellee,

vs.
REPUBLIC OF THE PHILIPPINES, oppositor and appellant.
FACTS:
On petition to declare Zita Ngo also known as Zita Ngo Burca "as possessing all
qualifcations and none of the qualifcations for naturalization under o!!onwealth
"ct #$% for the purpose of cancelling her "lien &egistr' with the Bureau of
(!!igration".
)
*he avers that she is of legal age, !arried to +lorencio Burca, a
+ilipino citizen, and a resident of &eal *t., Or!oc it', that -efore her !arriage, she
was a hinese citizen, su-.ect of Nationalist hina, that she was -orn on /arch %0,
)1%% in 2igaquit, *urigao.
B' constitutional and legal precepts, an alien woman who marries a Filiino
!i"i#en, $oes no" % &' "he mere (a!" o( marria)e * a+"oma"i!all' &e!ome a
Filiino !i"i#en.
3hus, -' Ar"i!le I, o( "he Cons"i"+"ion, citizenship is limi"e$ to4
5)6 3hose who are citizens of the 7hilippine (slands at the ti!e of the adoption
of this onstitution.
586 3hose -orn in the 7hilippine (slands of foreign parents who, -efore the
adoption of this onstitution, had -een elected to pu-lic o9ce in the
7hilippine (slands.
5%6 3hose whose fathers are citizens of the 7hilippines.
5#6 3hose whose !others are citizens of the 7hilippines and, upon reaching
the age of !a.orit', elect 7hilippine citizenship.
5:6 3hose who are naturalized in accordance with law.
"nd, on the specifc legal status of an alien wo!an !arried to a citizen of the
7hilippines, ongress in ara)rah -, Se!"ion -. o( "he Re/ise$
Na"+rali#a"ion Law legislated the following4
"n' wo!an who is now or !a' hereafter -e !arried to a citizen of the
7hilippines, and who !ight herself -e law(+ll' na"+rali#e$ shall -e dee!ed
a citizen of the 7hilippines.
Iss+e:
;hether Zi"a N)o B+r!a is dee!ed a Filiino !i"i#en in accordance to the
provisions in the &evised Naturalization <aw vis=>=vis the onstitution of the
7hilippines.
HEL0:
No. 7etitioner did not !eet the require!ents specifed in the &evised Naturalization
<aw. 3he petition is fatall' defective for failure to contain or !ention the essential
allegations required under *ection $ of the Naturalization <aw, such as, a!ong
others, petitioner?s for!er places of residence, and the a-sence of the a9davits of
at least two supporting witnesses.
;e accordingl' rule that4 5)6 An alien woman marrie$ "o a Filiino who
$esires "o &e a !i"i#en o( "his !o+n"r' m+s" al' "here(or &' 1lin) a
e"i"ion (or !i"i#enshi re!i"in) "ha" she ossesses all "he 2+ali1!a"ions
se" (or"h in Se!"ion 3, an$ none o( "he $is2+ali1!a"ions +n$er Se!"ion 4,
&o"h o( "he Re/ise$ Na"+rali#a"ion Law, 586 *aid petition !ust -e fled in the
ourt of +irst (nstance where petitioner has resided at least one 'ear i!!ediatel'
preceding the fling of the petition, and 5%6 "n' action -' an' other o9ce, agenc',
-oard or o9cial, ad!inistrative or otherwise other than the .udg!ent of a
co!petent court of .ustice certif'ing or declaring that an alien wife of the +ilipino
citizen is also a +ilipino citizen, is here-' declared null and void.
;e note that the petition avers that petitioner was -orn in 2igaquit, *urigao that
her for!er residence was *urigao, *urigao, and that presentl' she is residing at
&egal *t., Or!oc it'. (n court, however, she testifed that she also resided in
@unquera *t., e-u, where she took up a course in ho!e econo!ics, for one 'ear.
*ection $ of the Naturalization <aw requires that a petition for naturalization should
state petitioner?s "present and for!er places of residence". &esidence enco!passes
all places where petitioner actuall' and ph'sicall' resided.
)%
e-u, where she
studied for one 'ear, perforce co!es within the ter! residence. 3he reason for
eAacting recital in the petition of present and for!er places of residence is that
"infor!ation regarding petitioner and o-.ection to his application are apt to -e
provided -' people in his actual, ph'sical surrounding". "nd the *tate is deprived of
full opportunit' to !ake inquiries as to petitioner?s ftness to -eco!e a citizen, if all
the places of residence do not appear in the petition. *o it is, that failure to allege a
for!er place of residence is fatal.
;e fnd one other Baw in petitioner?s petition. *aid petition is not supported -' the
a9davit of at least two credi-le persons, "stating that the' are citizens of the
7hilippines and personall' know the petitioner to -e a resident of the 7hilippines for
the period of ti!e required -' this "ct and a person of good repute and !orall'
irreproacha-le, and that said petitioner has in their opinion all the qualifcations
necessar' to -eco!e a citizen of the 7hilippines and is not in an' wa' disqualifed
under the provisions of this "ct". 7etitioner likewise failed to "set forth the na!es
and post=o9ce addresses of such witnesses as the petitioner !a' desire to
introduce at the hearing of the case".
)C
3he necessit' for the a9davit of two witnesses cannot -e overlooked. (t is i!portant
to know who those witnesses are. 3he *tate should not -e denied the opportunit' to
check on their -ackground to ascertain whether the' are of good standing in the
co!!unit', whose word !a' -e taken on its face value, and who could serve as
"good warrant' of the worthiness of the petitioner". 3hese witnesses should indeed
prove in court that the' are relia-le insurers of the character of petitioner. *hort of
this, the petition !ust fail.