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In the matter of the petition of Yee Bo Mann for Philippine citizenship

(1949) Reyes, J.
Petitioner: Yee Bo Mann
Oppositor: Republic of the Philippines
Brief facts: Yee Bo Mann was born in China of Chinese parents, but
resided and had his family in Cebu, Philippines. He studied, worked,
and had his business in the Philippines. Also, his children who are still
in secondary education are enrolled in schools located in Cebu. When
asked why he wanted to become a Filipino citizen, he said that he
already stayed in the country for so long, had many Filipino friends who
he loves and love him back. CFI granted his petition but an appeal was
filed by the Government on the allegation that he has failed to declare
his intention to become Filipino citizen one year before is filing of
petition. Also, the Government raised the argument that petitioner has
failed to prove at the trial that the laws of China permit Filipinos to
naturalize in that country. The SC granted his petition, his case falling
under the exception from the one year requirement stated above this
is because Yee Bo Manns children are enrilled in Philippine schools.
Also, admitted in evidence is a copy of the Chinese Naturalization law
as certified by the proper consulate.
Doctrine: Applicants for naturalization who have resided continuously
in the Philippines for 30 years or more before the filing of their petition
are exempted from the requirement to declare their intention to
become Filipino citizens one year before the applcation, provided that
they have given primary and secondary education to all their children
in the public schools or in private schools recognized by the
Government and not limited to any race or nationality.
Foreign elements:
Born in China
With Chinese parents who had become naturalized US citizens
Married to an Amerizan citizen born in Hawaii
Daughter partly studied in Hong Kong and partly in Cebu
Chinese naturalization law
Facts:
Yee Bo Mann
o Born in China with Chinese parents, who became
naturalized US citizens
Immigrated to the Philippines in 1915 and resided in Cebu since
then. In Cebu, Yee Bo Man attended school, finished commerce,
worked as a public accountant and is a general merchant and
purchasing agent. Also, he speaks and writes in English and in

the Visayan dialect. He was never charged with a crime involving


moral turpitude
He then married Helen Leu, an American citizen. They had two
children, Nellie and Philip.
o Nellie partly studied in Hong Kong and partyl in Cebu (St.
Theresas College, private school)
o Philip studied in a public school in Cebu
In his petition for naturalization, he stated that he wanted to
become a Filipino citizen because I have been here so long, I
was educated here, I have so many Filipino friends and I love
them and they love me too. Also, he has decided to spend the
rest of his life in the Philippines.
CFI granted his petition.
Government filed an appeal raising the following arguments:
o Petitioner has failed to declare his intention to become a
Filipino citizen one year before the filing of his petition
o Failure to prove at the trial that the laws of China permit
Filipinos to naturalize in that country

Issue: WON petitioner shall be naturalized (Yes)


Ratio: Case at bar falls under the exception from the requirement
stated in Sec. 5 Revised Naturalization Law
General rule: Sec. 5 requires an applicant for naturalization to
declare his intention to become a Filipino citizen one year before
the application
Exception: Sec. 6
o Those who have resided continuously in the Philippines for
30 years or more before the filing of their application,
provided that the applicant has given primary and
secondary education to all his children in the public schools
or in private schools recognized by the Government and
not limited to any race or nationality
o SC explained, as already stated in Rafael Roa Yrostorza vs
RP, that not both primary and secondary edication by all
children are required; enrollment in the proper school is
sufficient compliance already.
o The case at bar comes within the same ruling, since his
children are actually studying in school albeit they have
not yet finished secondary education.
Also, petitioner has presented in evidence a translation of the
Chinese naturalization law certified to be correct by the Chinese
Consulate General in Manila. Also, the SC has already accepted it
as a fact in previous naturalization cases that the laws of China
permit Filipinos to naturalize in that country.

Disposition: Appealed decision is affirmed.

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